Week 11 Flashcards
Patent enforcement. Civil court procedures. Remedies. Patent litigation strategies. Relation between infringement and invalidation proceeding. Enforcement in the international context
Who is responsible for ensuring that patent holders rights are upheld?
The person who holds the patent must take the necessary steps to uphold their rights under a patent
How are these rights normally upheld?
The patent holder takes out civil proceedings against the person or persons who have infringed their patent
How is this action taken out?
The action taken by the patent holder is usually in the form of litigation through the courts where the infringement takes place
What other types of action can a patent holder take?
If there is no infringement but a patent the same as their own is applied for at the patent office, the original patent holder can ask for a review through administrative courts to uphold the validity of their patent
What happens when a civil action against infringement is taken through the court?
The patentee must prove the infringement by the defendant
What, if proven happens next?
The court will issue an injunction against the defendant who must then desist the acts of infringement
What other orders may the court make?
It may order a form of damages.
What damages can be ordered?
The payment of monetary compensation against the loss of profit made by the patent holder. This can also be linked to the profit made by the defendant
When else can an injunction be granted?
The patentee can apply to the court for an immediate injunction if he can show that the continuing damage being done is not capable of being compensated
What alternatives are there to patent enforcement?
The patent owner can agree on a license fee with the patent infringer
What constitutes a patent infringement?
In comparing the elements of the patent against the elements of the claim and they match it is likely that it is an infringement of the patent
If the patented product is not being produced can you still take action against any infringement?
Yes
If you threaten to take action against a person who has infringed your patent then do not do so what can the outcome be?
You may be estopped from taking any action. Upon notifying a person that they have infringed your patent and threatening to sue you must do so or risk estoppel.
In respect of patent infringement, what is the laches Doctrine?
It is a doctrine that if you know your patent is being infringed and do nothing you may forfeit the right to take action and lose the patent monopoly
