Seminar 8 - 9 - 10: Infringement and exemptions Flashcards
What is non-literal infringement (equivalence) in patent law?
Non-literal infringement occurs when an action achieves the same result as the patented invention in substantially the same way, even if it does not match the claim wording literally.
What is direct infringement in patent law?
Direct infringement occurs when a person, without consent, uses, makes, sells, or imports a patented invention, matching the wording of the claims or through equivalents.
What is indirect infringement under Section 60(2) UK Patents Act?
Indirect infringement involves supplying or offering to supply components that enable a third party to use a patented invention, knowing it will likely be used for infringing purposes.
What is the “outward presentation test” for Swiss-form claim infringement?
The test focuses on how the product is labeled, packaged, and presented to the market, rather than the intent or foreseeability of its use for the patented purpose.
How does Article 8 of the Biotech Directive expand protection for biological materials?
Protection extends to all biological materials derived through propagation or multiplication if they retain the specific patented characteristics.
What constitutes “directly obtained products” under s. 60(1)(c) UK Patents Act?
Products directly obtained from a patented process retain protection unless further processing alters their essential characteristics.
What is the purpose of Article 69 EPC in claim interpretation?
Article 69 EPC determines the scope of patent protection based on claims interpreted with reference to the description and drawings, balancing fair protection for patentees with certainty for third parties.
What is the significance of the Actavis v. Eli Lilly case for UK patent law?
The case introduced the doctrine of equivalence in the UK, allowing infringement claims based on whether a variant achieves the same result in the same way, even if it falls outside the literal claim wording.
What are the Improver Questions used for?
They assess whether a variant infringes a patent by determining if it has a material effect on the invention’s function, was obvious to a skilled person, and whether strict compliance with claim wording was essential.
What is the “double test” for infringement in UK patent law?
The test includes (1) literal infringement based on purposive construction of claims and (2) equivalence infringement based on whether a variant achieves the same result in the same way.
What is the experimental use exemption under UK patent law?
Acts for experimental purposes related to the subject matter of the invention are exempt, provided they aim to test hypotheses, discover unknown information, or confirm effectiveness.
What is the Bolar exemption under Article 10(6) Directive 2001/83/EC?
The Bolar exemption allows trials and studies necessary for regulatory approval of generic or innovative drugs without infringing the patent.
What is the “farmers’ privilege” under Article 11 Biotech Directive?
Farmers can use patented biological material (e.g., plants or animals) for propagation or multiplication on their own farms, subject to conditions such as non-commercial use.
What is the “breeders’ exemption” under Article 27 UPC Agreement?
The exemption allows the use of patented biological material for breeding, discovering, or developing new plant varieties, though marketing the resulting material may require consent.
What are the key functions of the Unified Patent Court (UPC)?
The UPC provides exclusive jurisdiction for disputes involving European patents with unitary effect, classical European patents, and SPCs, streamlining patent litigation across participating EU member states.
