Last minute Flashcards
What is the grace period for a disclosure in relation to a patent in US (and requirements)?
1 year, disclosure must be derived from inventor
What is the grace period for a disclosure in relation to a patent in JP (and requirements)?
12m, disclosure must be from person who has right to obtain patent
Does EP/GB operate a grace period? If so, how long? What are the requirements?
6m, evident abuse or disclosure at a recognised international exhibition
What is the grace period for designs? What is the requirement?
12m, derived from the designer or successor in title, or abuse disclosure (plus mention 3rd party rights)
What is a defence to contributory infringement? When does it not apply?
If the means relating to an essential element is a staple commercial product. Does not apply if an act of inducement to infringe.
What is the double territoriality requirement for contributory infringement?
That the supply/offer to supply AND the intention to put the invention into effect are both in the UK
Do the steps of contributory infringement
- patent in force
- without consent of proprietor
-supply or offer to supply in the UK - a person other than the licensee or other entitled person
- means relating to an essential element for putting the invention into effect
- where it is obvious that means are suitable + intended for putting the invention into effect in the UK
UNLESS - staple commercial product
UNLESS UNLESS - inducement
When should you register a licence by?
6m from licence being signed
What happens to a licence after a successful entitlement proceeding results in transfer of ownership?
Licence cancelled, however licensee entitled to a new licence on fair terms
When is the deadline to bring entitlement proceedings? When does the deadline not apply?
2y from grant, doesn’t apply if proprietor knew they weren’t entitled
What happens if you don’t register a licence?
Can’t get costs at infringement proceedings, and subsequent licences can take precedence
