Patent law Flashcards by Mark Kram

Who grants European patent?

EPO

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Which sentence is true:

European patent can be validated in Morocco

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PCT establishes the procedure for:

obtaining national patents in countries designated by applicant

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The procedure before the EPO could be carried out in

French, German and English

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1977, Budapest Treaty serves as:

an aid in the disclosure of an inventions comprising microorganisms

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True or False

1977, Budapest Treaty serves as: a tool for patent classification

False

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True or False

1977, Budapest Treaty serves as: a legal instrument facilitating obtaining patent protection at international level

False

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True or False

1977, Budapest Treaty serves as: an aid in the disclosure of an inventions comprising microorganisms

True

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True or False

The procedure before the EPO could be carried out in French, German and English

True

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True or False

The procedure before the EPO could be carried out in Spanish, German and English

False

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True or False

The procedure before the EPO could be carried out in English only

False

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True or False

PCT establishes the procedure for: obtaining international patent valid all over the world

False

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True or False

PCT establishes the procedure for obtaining international patent granted by WIPO

False

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True or False

PCT establishes the procedure for: obtaining national patents in countries designated by applicant

True

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True or False

Which sentence is true EPC is a part of the acquis communautaire

False

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True or False

Which sentence is true: EPC does not contain substantive law provisions

False

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True or False

Which sentence is true: European patent can be validated in Morocco

True

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True or False

Who grants European patent? WIPO

False

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True or False

Who grants European patent? EPO

True

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True or False

Who grants European patent? ARIPO

False

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Patent law in the EU:

is partly harmonised in some areas of patent law

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Please indicate answers which are false, when you consider unitary patent as a new tool for a patent protection in the EU:

broader territorial scope of patent protection at higher costs comparing to European patent

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True or False

lease indicate answers which are false, when you consider unitary patent as a new tool for a patent protection in the EU: broader territorial scope of patent protection at higher costs comparing to European patent

True

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True or False

lease indicate answers which are false, when you consider unitary patent as a new tool for a patent protection in the EU: possibility to obtain the EU-wide patent protectio

False

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True or False lease indicate answers which are false, when you consider unitary patent as a new tool for a patent protection in the EU: easier access to wide patent protection in the EU

False

True or False Patent law in the EU: contrary to other fields of IP law (e.g. trademark law, design law) has not been harmonised yet

False

True or False Patent law in the EU: is partly harmonised in some areas of patent law

True

True or False Patent law in the EU: is fully harmonized due to existing a patent regulations and directives

False

The patent application was filed in Poland on May 25, 2017. Later the same person has filed a patent application for the same subject in Spain on February 20, 2018, claiming the priority. Then the same applicant filed the application for the same invention on June 21, 2018 in Canada, claiming the priority again. The novelty should be assessed as to

25.05.2017 in the second case and 21.06.2018 in the third case

Former employee unaware of misuse of confidential information has disclosed the details of invention. In this case:

the novelty of the invention has been lost

An inventor has submitted the patent application to German patent office on May 21, 2017 then he withdrew the application after six months. Nonetheless, he applied for the patent covering the same subject in Poland on April 20, 2018. Is it possible for him to claim the priority resulting from the first application?

Yes

A medical substance has been used in flu treatment for ten years. Then the new use of this substance for hypothermia treatment has been invented. The patent:

can be granted for the next (second) medical use of that substance

True or False A medical substance has been used in flu treatment for ten years. Then the new use of this substance for hypothermia treatment has been invented. The patent: cannot be granted due to lack of novelty

False

True or False A medical substance has been used in flu treatment for ten years. Then the new use of this substance for hypothermia treatment has been invented. The patent: can be granted for the first medical use of that substance

False

True

True or False An inventor has submitted the patent application to German patent office on May 21, 2017 then he withdrew the application after six months. Nonetheless, he applied for the patent covering the same subject in Poland on April 20, 2018. Is it possible for him to claim the priority resulting from the first application? Yes, providing that he did not disclose the invention meanwhile

False

True

True or False Former employee unaware of misuse of confidential information has disclosed the details of invention. In this case: This was the correct answer the novelty of the invention has been lost

True

True or False Former employee unaware of misuse of confidential information has disclosed the details of invention. In this case: the novelty of the invention has not been lost since this is the sort of non-prejudicial disclosure

False

True or False The patent application was filed in Poland on May 25, 2017. Later the same person has filed a patent application for the same subject in Spain on February 20, 2018, claiming the priority. Then the same applicant filed the application for the same invention on June 21, 2018 in Canada, claiming the priority again. The novelty should be assessed as to 25.05.2017 in all three cases

False

True

Mr Hans Mauritz is a US national employed by a German company based in Munich and having its laboratories in the UK and France, established and operated under the relevant national laws. Mr Mauritz spent 6 months working during an internship in each of the laboratories where he has developed an invention for which a European patent has been granted. Under the national laws of which country should the right to this invention be determined?

Germany as the country where the employee is mainly employed

True or False Mr Hans Mauritz is a US national employed by a German company based in Munich and having its laboratories in the UK and France, established and operated under the relevant national laws. Mr Mauritz spent 6 months working during an internship in each of the laboratories where he has developed an invention for which a European patent has been granted. Under the national laws of which country should the right to this invention be determined? This was the correct answer Germany as the country where the employee is mainly employed

True

True or False Mr Hans Mauritz is a US national employed by a German company based in Munich and having its laboratories in the UK and France, established and operated under the relevant national laws. Mr Mauritz spent 6 months working during an internship in each of the laboratories where he has developed an invention for which a European patent has been granted. Under the national laws of which country should the right to this invention be determined? France as the country where the invention was created

False

True or False Mr Hans Mauritz is a US national employed by a German company based in Munich and having its laboratories in the UK and France, established and operated under the relevant national laws. Mr Mauritz spent 6 months working during an internship in each of the laboratories where he has developed an invention for which a European patent has been granted. Under the national laws of which country should the right to this invention be determined? The UK as the country where the invention was created

False

The aim of the interpretation of a patent claims is:

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

When determining patent infringement of a European patent:

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

Scope of a patent is determined by:

patent claims

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

a person skilled in the art

Choose, from the following list, two correct answers to the question: When a patent expires, it

- passes into the public domain for free use | - can be exploited without a license from the patent holder

True or False Choose, from the following list, two correct answers to the question: When a patent expires, it can be automatically turned into a so-called Specific Patent Certificate (SPC)

False

True or False Choose, from the following list, two correct answers to the question: When a patent expires, it passes into the public domain for free use

True

True or False Choose, from the following list, two correct answers to the question: When a patent expires, it can still be protected as a trade secret

False

True or False Choose, from the following list, two correct answers to the question: When a patent expires, it can be exploited without a license from the patent holder

True

True or False The relevant point of reference for interpreting patent claims for the purpose of determining the scope of a patent is: a person skilled in the art

True

True or False The relevant point of reference for interpreting patent claims for the purpose of determining the scope of a patent is: an average user of a patented technology

False

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

False

True or False The relevant point of reference for interpreting patent claims for the purpose of determining the scope of a patent is: the judge resolving a patent infringement dispute

False

True or False Scope of a patent is determined by: patent claims

True

True or False Scope of a patent is determined by: description and drawings

False

True or False Scope of a patent is determined by: a patent office in the decision to grant a patent

False

True or False Scope of a patent is determined by: the whole patent documentation

False

True or False When determining patent infringement of a European patent: equivalent technical features are considered in exceptional cases

False

True or False When determining patent infringement of a European patent: decisions in this regard are taken by a national court on a case-by-case basis

False

True or False When determining patent infringement of a European patent: there is no legal ground for using the theory of equivalence

False

True or False When determining patent infringement of a European patent: Not only those features which are repeated literally in the allegedly infringing invention but also those which are obvious equivalences of the claimed features

True

True or False The aim of the interpretation of a patent claims is: identification of the subject matter of an invention and the scope of the granted protection

True

True or False The aim of the interpretation of a patent claims is: merely assessment of the patentability of an invention

False

True or False The aim of the interpretation of a patent claims is: merely a determination of the scope of a patent

False

True or False The aim of the interpretation of a patent claims is: one of the answers is correct

False

a research exemption

elimination of barriers for research activities

a Bolar exemption

a quicker patient’s access to cheaper generic drugs

a pharmacist exemption

a protection of public health

a transit exemption

a promotion of the international commerce

The German manufacturer of medical products produced and advertised the patented active substance solifenacin succinate on its website, as well as supply some amount of the substance to a French manufacturer of generic drugs who needed the substance for tests and trials needed for a regulatory review. The patent-owner of the patented substance sued the company in Germany where is was patented. According to manufacture’s defence, advertising and offering APIs was excluded from patent infringement under national Bolar provision, as acts covered by the regulatory exemption. According to the European case law: defence:

these acts should be considered as a patent infringement as acts not undertaken by testing entity itself, which has a direct interest in obtaining market approval for the generic drug,

Under a “pharmacy exemption”, a pharmacist can prepare larger quantity of a patented medicine in order to sell it to number of individual patients in accordance with a medical prescription

False

A patent exemption should be understood as a limitation of a patent monopoly not as own right of a third party to exploit a patented invention

True

In Europe, third parties are allowed to use patented computer programs for decompilation and interoperability

False

Prior user of a patented invention can defend himself against patent infringement claim

True

Prior user of a patented invention can claim a patent infringement in case of unauthorised use of such invention by third party

False

Prior user of an invention can use of patented invention on the basis of a royalty-free license

False

Patent enforcement is primarily the domain of:

Civil/commercial litigation

Courts of which country usually have jurisdiction to hear a patent dispute ?

Courts of the country where the infringement occurred

A preliminary injunction in patent litigation:

Neither of the above is correct: May never be granted ex parte Is final and cannot be appealed Replaces the permanent injunction that could be granted after a full trial and thus makes it redundant

Typical defences in patent litigation include:

Invalidity of the patent

Patent litigation is different from other types of litigation in that:

It requires technical expertise

Laws of civil procedure applicable in patent litigation:

Have not been harmonised in the EU

Remedies for patent infringement do not include:

Compensation for pain and suffering

Bifurcation in the context of patent litigation means that:

Courts seized with an infringement case cannot revoke the patent as this is the exclusive competence of the relevant patent office

True or False Bifurcation in the context of patent litigation means that: The court seized with an infringement case must issue two alternative rulings: one for the assumed validity of the patent in question and one for the event it were to be revoked.

False

True or False Bifurcation in the context of patent litigation means that: Should the issue of validity arise, the question of infringement is also transferred from the court to the competent patent office

False

True or False Bifurcation in the context of patent litigation means that: Courts seized with an infringement case cannot revoke the patent as this is the exclusive competence of the relevant patent office

True

True or False Bifurcation in the context of patent litigation means that: The validity of the patent and the issue of infringement must be decided by the same court

False

True or False Remedies for patent infringement do not include: Compensation for pain and suffering

True

True or False Remedies for patent infringement do not include: Account of profits

False

True or False Remedies for patent infringement do not include: Damages

False

True or False Remedies for patent infringement do not include: Injunctions

False

True or False Laws of civil procedure applicable in patent litigation: Have been thoroughly harmonised in the EU

False

True or False Laws of civil procedure applicable in patent litigation: Are usually specific for this type of cases

False

True or False Laws of civil procedure applicable in patent litigation: Have not been harmonised in the EU

True

True or False Laws of civil procedure applicable in patent litigation: Result directly from international agreements

False

True or False Patent litigation is different from other types of litigation in that: It is usually less expensive

False

True or False Patent litigation is different from other types of litigation in that: It requires technical expertise

True

True or False Patent litigation is different from other types of litigation in that: There is a very limited set of remedies plaintiffs may seek

False

True or False Patent litigation is different from other types of litigation in that: Proceedings can be ex parte

False

True or False Typical defences in patent litigation include: The fact that the scale of infringement is limited

False

True or False Typical defences in patent litigation include: The fact that the defendant is an SME

False

True or False Typical defences in patent litigation include: Lack of use of the invention

False

True or False Typical defences in patent litigation include: Invalidity of the patent

True

True or False A preliminary injunction in patent litigation: Neither of the above is correct

true

True or False A preliminary injunction in patent litigation: Replaces the permanent injunction that could be granted after a full trial and thus makes it redundant

False

True or False A preliminary injunction in patent litigation: Is final and cannot be appealed

False

True or False A preliminary injunction in patent litigation: May never be granted ex parte

False

True or False Courts of which country usually have jurisdiction to hear a patent dispute ? Nowadays only the specialised patent courts such as the Unitary Patent Courts

False

True or False Courts of which country usually have jurisdiction to hear a patent dispute ? Any court, regardless of any other connecting factors

False

True or False Courts of which country usually have jurisdiction to hear a patent dispute ? Courts of the country chosen by the plaintiff

False

True or False Courts of which country usually have jurisdiction to hear a patent dispute ? Courts of the country where the infringement occurred

True

The conditions for patent assignment are regulated in

National laws

Patent assignment in order to be valid must be:

none of the answers is correct

The definitive transfer could take place as to:

patents, patent applications, right to invention and priority

True or False The definitive transfer could take place as to: patent and patent application but never as to right to invention and priority

False

True or False The definitive transfer could take place as to: atents, patent applications and right to invention but never as to priority

False

True or False The definitive transfer could take place as to: patents, patent applications, right to invention and priority

True

True or False Patent assignment in order to be valid must be: none of the answers is correct

True

True or False Patent assignment in order to be valid must be: free of charge

False

True or False Patent assignment in order to be valid must be: recorded in patent registry

False

True or False Patent assignment in order to be valid must be: done in writing

False

True or False The conditions for patent assignment are regulated in National laws

True

True or False The conditions for patent assignment are regulated in European Patent Convention

False

True or False The conditions for patent assignment are regulated in TRIPS agreement

False

Licensee is the person who

usually is obliged to pay royalties

Under most national regulations the licensee may grant further licence (sublicence)

only with the prior consent of the licensor

A patent licence authorizing only one entrepreneur to sell the protected product without the specification of the time

exclusive, full licence

The sole licence means:

sort of exclusive licence with the possibility for patent holder to exploit the invention

True or False The sole licence means: sort of exclusive licence with the possibility for patent holder to exploit the invention

True

True or False The sole licence means: non-exclusive licence

False

True or False The sole licence means: open licence for every third party

False

True or False A patent licence authorizing only one entrepreneur to sell the protected product without the specification of the time exclusive, limited licence

False

True or False A patent licence authorizing only one entrepreneur to sell the protected product without the specification of the time non-exclusive, full licence

False

True or False A patent licence authorizing only one entrepreneur to sell the protected product without the specification of the time exclusive, full licence

True

True or False Under most national regulations the licensee may grant further licence (sublicence) only with the prior consent of the licensor

True

True or False Under most national regulations the licensee may grant further licence (sublicence) never

False

True or False Under most national regulations the licensee may grant further licence (sublicence) always

False

True or False Licensee is the person who is responsible for the maintenance of patent

False

True or False Licensee is the person who usually is obliged to pay royalties

True

True or False Licensee is the person who grants the permission to use invention

False

Please indicate two correct answers to the question: Utility model protection is:

- not available in all countries | - available more quickly

The term of utility model protection:

varies from country to country

A start-up company “Innov Future Co.” which has developed an innovative cardiovascular medical device tries to build an effective IP strategy for protection of its products. It has just started its activity and has very limited financial resources but actively looking for financing options. According to a company’s business strategy it should develop its production and sales activities within next 5-10 years based on its innovative, possibly long-life product. Which strategy would you recommend to Innov Future Co. as a strategy of “first choice” for its product?

patenting

True or False The term of utility model protection: is usually longer then patent

False

True or False The term of utility model protection: depends on how long utility model is kept secret

False

True or False The term of utility model protection: lasts 10 years

False

True or False The term of utility model protection: varies from country to country

True

True or False Please indicate two correct answers to the question: Utility model protection is: not available for patentable invention

False

True or False Please indicate two correct answers to the question: Utility model protection is: stronger then patent

False

True or False Please indicate two correct answers to the question: Utility model protection is: not available in all countries

True

True or False Please indicate two correct answers to the question: Utility model protection is: available more quickly

True

Patent law Flashcards

(160 cards)