Week 10

Question 1

What is a “Prior users” right?

Answer 1

It is the use by one person when another holds the patent but the other came up with the same invention

Question 2

Why is this allowed?

Answer 2

To prevent inequity between the parties

Question 3

What does it also try to achieve?

Answer 3

It attempts to achieve the restriction of abuse of the patent monopoly

Question 4

What is patent exhaustion?

Answer 4

It is the limitation of patent exclusivity

Question 5

How is patent exhaustion applied?

Answer 5

Once a patent owner has exploited the value of a patent by its sale, the patent owner can no longer claim exclusivity of that patent

Question 6

What restrictions are placed for exhaustion not to be applied?

Answer 6

When the sale of the patent limits the production of the patent item

Question 7

When a patent or Intellectual Property right is sold what is that known as?

Answer 7

“First Sale Doctrine”

Question 8

How else is patent exhaustion also used?

Answer 8

It helps to prevent conflict between ownership of a patent and a product in which the patented item is produced

Question 9

How else is Patent exhaustion imposed?

Answer 9

It is often imposed on a regional basis to prevent the conflict of one country holding a patent on a product and another not

Question 10

Give an example of such patent exhaustion a regional basis?

Answer 10

The European Union allows free trade of goods and services throughout its member states. A regional patent would prevent such free trade between its members

Question 11

Why is a compulsory license applied to certain patented products?

Answer 11

It prevents abuse of a patent when the public interest and rights are involved