Week 8

Question 1

What is an infringement against a patent?

Answer 1

It is the use of the object of the patent without the proper authority by a third party

Question 2

What are the two elements of infringement against a patent?

Answer 2

1. An action by a third party which is reserved to the holder of the patent
   2 An indirect action by a third party which is reserved to the holder of the patent

Question 3

how can a person indirectly breach a patent?

Answer 3

An indirect breach is, for example, the making/selling of components which then make up a patented product.

Question 4

When must a patent claim be filed?

Answer 4

A patent claim must be filed at the same time a patent id applied for

Question 5

What does a patent claim do?

Answer 5

It clarifies what breaches the applicant foresees and what those breaches would be

Question 6

How must a patent claim be detailed?

Answer 6

Such a claim should be detailed in short and precise terms

Question 7

What, in relation to a patent claim, does equivalence mean?

Answer 7

It means that the patent claim, filed with the application, is not under strict interpretation

Question 8

What is the measurement made when looking at a breach of a patent right?

Answer 8

The measurement is that of the understanding of a skilled artist at the time the patent was granted

Question 9

What is a partial infringement of a patent?

Answer 9

When a product is produced so similar to a patented product as to be recognizable if one element of that product is removed and it is then the same as the patented product. The element removed must be inconsequential to the product