Week 9 Flashcards
Patent exemptions (1). Non-profit and non-professional use. Transit Exemption. Research exemption. Bolar exemption. Prior user right
When is the unauthorized use of a patent, not an infringement?
When the patent claim does not cover the type of use by the third party
What is the fundamental principle of patent law considered to be?
It is that patent protection should not give a patent owner/inventor more rights than necessary as a reward for there intellectual or financial investment
What does this principle allow?
It allows the use of a patented produce/art to be used if it considered to be a crucial development in technology or public health
How does patenting law allow such infringements?
Such infringements are usually allowed by a change in the law in the jurisdiction under which the infringement will or has taken place
What exemptions to these infringements are considered?
When a patented product is on moving transport ie a boat /airplane. If the boat enters the jurisdiction of a country that the patent is held but left from a jurisdiction where no patent was held. This is known as a transit exemption
What product types are excluded from certain infringement laws?
Medicines
Does Europe allow the patenting of computer programs?
No, they are protected under copyright laws
What other types of exemptions exist?
1 Farmers priveledges 2 Compulsory license 3 Governmental use 4 Breeders exemption 5 Patent exhaustion
What is the purpose of such exemptions?
The purpose is to prevent a monopoly of crucial information
What is the most common patent exemption?
The use of the patent for private and non-commercial use
Why was a research exemption introduced?
So that the conduct of experiments for purely scientific purposes is not hampered
What is a “Bolar” exemption?
This exemption allows the use of patented drugs in testing to obtain regulatory authorization for a medical product
