Scope Of Patent Protection

Question 1

Patent monopoly over invention

Answer 1

Two sides of a patent as an exclusive right: right to use and exploit the invention as well as protect it from unauthorised use by third parties

Question 2

Territoriality principle

Answer 2

According to the principle of territoriality, patent rights are limited to the territory of the country where they have been granted. Therefore, it is reasoned that national patents will not generally be affected acts committed in other countries, even if they have a possible negative effect on the patent holder.

Question 3

Regional and international patent systems which help facilitate wider application

Answer 3

The European Patent System
The Eurasian Patent System
The Harare Protocol of African Regional Industrial Property Organisation
The Unitary Patent System

Question 4

Importance of claims

Answer 4

An invention may not be protected if it is not included in the claims as it is accepted that an unclaimed invention is regarded to have been deliberately disclaimed.

Question 5

Manufacturing of a patented product

Answer 5

occurs where the entire process by which the patented products is created

controversies as to whether repairs should be included

Question 6

Use of the invention

Answer 6

employing, operating or putting into service to achieve the result envisaged by the patented invention

Question 7

Offering of a patent process or product

Answer 7

an act which makes a patent-protected product or process available to be purchased, including any successful offer or offers without the possibility to supply

Question 8

The legal borders of a patent as an exclusive right are determined by its

Answer 8

substantial, territorial and temporal scope

Question 9

Substantial scope of a patent monopoly

Answer 9

determined by the wording of patent claims

Question 10

Territorial scope of a patent

Answer 10

unclarity as t h ei hld be understood for the purpose of establishing the geographical scope of a patent protection, but also air space above the territory of a state as well as internal waters as covered by the jurisdiction of a state are considered as a relevant territory of protection

Question 11

Temporal scope of a patent

Answer 11

a patent monopoly limited in time - commonly recognised term of patent protection is 20 years

Question 12

Additional sui generis protection for pharmaceutical products in EU

Answer 12

Specific Patent Certificate (SPC), which can extend the duration of a patent monopoly for maximum 5 years