Skeletons

Question 1

Patent Skeleton

Answer 1

1. Is there an invention or is it excluded?
   Watch for discoveries, scientific theories etc.
   Technical contribution approach OR Technical character approach?
   -> Exclusions Discoveries, Scientific Theories, Aesthetic Creations etc s9 PA 1992
2. Is it new?
   Is it part of the state of the art?
   Has it been made available to the public?
   -> s11 PA 1992
3. Is it inventive?
   Windsurfing/Pozzoli Test OR Problem and Solution? -> (a) Identify the notional person skilled in the art (b) Identify the relevant common general knowledge of that person
4. Is it applicable in industry? -> s14 PA 1992
5. Is there any reason it would be an exception to patentability?
   Is it against morality? -> s10 PA 1992
   Balancing Approach OR Threshold approach -> balance pros or cons/consensus
6. What is the scope of protection of the patent?
   Claim construction
7. Has an infringing act been committed?
   Made, used, offered for sale etc
8. Is there a defence to infringement?
   Private non-commercial use, experimental use, prior use etc

Question 2

Copyright Skeleton

Answer 2

1. Copyright subsistence
   Is the subject-matter eligible for copyright protection?
   a. Categorisation -> 17 CRRA 2000
   b. Fixation -> 18 CRRA 2000
   c. Originality -> ULP v UTP / Interlego v Typo / Infopag v Danske
   d. Exclusions from copyright
   e. Qualification -> 182 CRRA 2000
2. Duration of copyright
   Is the work still protected? -> Authorial works life + 70y, Entrepreneurial works life + 50y
3. Authorship/ownership of the work
   Who created the work? Who owns the rights?
4. Primary Infringement test for economic rights
   a. Acts controlled by copyright
   b. Causal link (copy or access)
   c. The whole or part of the work is used (substantiality test) -> Identical / Literal / Non-literal
   d. Defences and copyright exceptions -> Fair dealing s52 CRRA 2000, public adm, accessibility, quotation