Week 7

Question 1

What is lecture 7 about?

Answer 1

Scope of a patent protection. Patent as an exclusive, transferable right. Rights conferred by patent. Negative and positive sphere of protection.
Substantial scope of a patent. Territorial scope of a patent. Temporal scope of a patent

Question 2

Which third-party activity involving invention is covered by patent exclusivity:

Answer 2

advertising a patented product on a company website with an active option for customers to order a product

Question 3

q

Answer 3

A patent - a right to prevent third party from the use of a patented invention

The right to prevent third parties not having the owner’s consent from the acts:

• where the subject matter of a patent is a product - making, using, offering fro sale, selling, or importing for these purposes that product
• where the subject matter of a patent is a process - using the process, and from the acts of: using, offering for sale, selling, or importing for these purpose at least the product obtained directly by that process.

Question 4

1

Answer 4

The legal borders of a patent as an exclusive right are determined by its substantial territorial and temporal scope

Question 5

What it is the patent monopoly?

Answer 5

1

Question 6

The aim of the interpretation of a patent claims is:

Answer 6

identification of the subject matter of an invention and the scope of the granted protection

Question 7

When determining patent infringement of a European patent:

Answer 7

Not only those features which are repeated literally in the allegedly infringing invention but also those which are obvious equivalences of the claimed features

Question 8

Scope of a patent is determined by:

Answer 8

patent claims

Question 9

The relevant point of reference for interpreting patent claims for the purpose of determining the scope of a patent is:

Answer 9

a person skilled in the art

Question 10

If a patent is a product what rights does it uphold?

Answer 10

It gives the rights to prevent third parties from not having the patent owners consent from the acts of making, using offering for sale, selling or importing that product

Question 11

If a patent is a process what rights does it uphold?

Answer 11

It gives the rights to prevent third parties not having the patent owners consent from the act of using the process and again from acts of using, offering, for selling or importing

Question 12

Is manufacturing of individual parts of a patented product a breach of the patent

Answer 12

No

Question 13

Is the use of a patent product which is unauthorized by the patent holder a breach of that patent?

Answer 13

Yes

Question 14

In respect of Patent Monopoly what acts are considered a breach of the patent?

Answer 14

Any acts involving the patent product which are not expressly authorized by the patent owner.

Question 15

Can the owner of a patent specifically exclude a third party from the use of a patent?

Answer 15

Yes this is a right the patent owner has

Question 16

What is the right to exclude a third party from the use of a patent known as?

Answer 16

An economic transferable right

Question 17

Do patent owners have the right to assign a patent?

Answer 17

Yes

Question 18

Can a patent be transferred by succession?

Answer 18

Yes

Question 19

Can a patent owner offer the use of a patent product under license?

Answer 19

Yes

Question 20

Are the boundaries of a patent unlimited?

Answer 20

No

Question 21

Will, a patent be protected if the claim is not clear as to its boundaries is not clear?

Answer 21

No, any areas were clarity is diminished the patent will fail

Question 22

What is the deciding factor when clarity of a patent is challenged?

Answer 22

It is the individual possessing average common general knowledge and average knowledge in the field relevant to the patent

Question 23

What is the initial approach taken when judging if there has been an infringement of a patent?

Answer 23

The patent is read and a strictly literal interpretation is taken of the words used in the patent claim.

Question 24

The next approach, when judging an infringement of a patent is called the Theory of equivalence. What is this?

Answer 24

It can extend the scope of the patent to include equivalent variations thus extending the Patent protection

Question 25

What is the Temporal scope of a patent?

Answer 25

Does the original patent cover the new and improved product which was the not the subject of the patent