Non-negotiables Flashcards
Filing date requirements (GB)
- Indication patent sought
- Identify applicant / enable contact
- documents contain description or reference (date of filing, app no, country)
s15
Divisional Filing requirements (GB)
- Parent is pending
- Not yet last 3 months of R30 period
- Indication divisional patent sought
- Identify applicant / enable contact
- documents contain description or reference (date of filing, app no, country)
- does not inherit extended R30 period
Direct Infringement
- patent in force
- In the UK
- product: make, offer, dispose, use, import, keep
- process: use, offer (known or obvious to reasonable person that use would infringe)
- product obtained directly by process: offer, dispose, use import, keep (reversal of burden of proof)
Infringement of Process
- Patent in force in UK
- use, offer to use
- without consent of proprietor
- in UK
- known that use would infringe (or obvious to RPitC)
DADDI-C
Infringement of Product
- patent in force in UK
- make, offer to dispose, dispose, use, import, keep
- without consent of proprietor:
- in the UK
DADDI-C
Infringement of product by process
- patent in force in UK
- offer to dispose, dispose, use, import, keep
- without consent of proprietor
- product obtained directly by means of the process (no subsequent process has materially affected the testable property)
- if product is new, burden of proof reversed concerning process infringement
DADDI-C
Indirect Infringement
9 questions
* is the patent in force?
* are means for putting the invention into effect being supplied or offered?
* without the consent of the proprietor?
* by a person who is not the proprietor?
* by a person in the UK to a person in the UK?
* by a person who knows, or obvious to RPitC, that means are suitable AND intended to put invention into effect in the UK?
* to a person who is not licensee or otherwise entitled?
* do the means relate to an essential element of the invention?
* are the means not a staple commercial product, no inducement?
s60(2)
DADDI-C
Pozzoli Inventive Step Questions
- who is the person skilled in the art, what is their relevant CGK?
- what is the inventive concept in the claim?
- what are the differences between cited state of the art and the inventive concept?
- would the differences have been obvious to the skilled person?
Actavis (Infringement by equivalents)
- does the variant achieve the same result in substantially the same way?
- would the person skilled in the art, reading the patent at the priority date but knowing that the variant produces the same result, know it achieves the result in substantially the same way?
- Is strict compliance with the literal meaning intended?
Priority
- within 12 months
- WTO/WIPO/PCT member application
- first filing of the subject matter
- all applicants from priority must be carried forward
Regeneration of Priority
subsequent must be filed in same country as previous, and on filing date:
* previous is not pending, no rights outstanding
* previous not published
* previous has not provided basis for priority
Missed time limit
- 2 month as of right extension (retrospective, form and fee)
- at least 1 month discretionary extension (not retrospective, reasons, form and fee)
- reinstatement (w12m deadline, unintentional, form and fee, 3rd party rights)
Aerotel (excluded matter)
- properly construe claim
- identify actual contribution
- does contribution fall solely within excluded subject-matter
- check whether contribution is actually technical in nature
Canadian excess fee component
claims in excess of 20 for examination and final fee
DADIE-C
Declaration patent infringed
Account of profit / Damages
Delivery Up/Destruction
Injunction against further infringement
Enforcement requires granted and in force
Costs
