Professional Documents
Culture Documents
Patent Rights
Territory Product Patent - Make, Use, Sell, Offer for Sale and Import. Process patent - Use
Infringement
Types Direct Literal Equivalent Indirect
Direct Infringement
Claim Construction Comparison Claim by claim - element by element
Claim Construction
Claim Preamble Transition Body
I claim a 'ceiling Fan' comprising of a base connected to a solid rod, which in turn is connected to a rotor with three wings.
Copyright, Brain League, 2011.
Claim Construction
Preamble - I claim a 'ceiling Fan' Transition - comprising of Body - base connected to a solid rod, which in turn is connected to a rotor with three wings.
Claim Elements
Base Solid rod Rotor 3 Wings
Doctrine of Equivalence
Equivalents of a claim In substance equivalent Function-Way-Result Test Prosecution History Estoppel Obviousness Test Material Effect Part of prior art
Lalabhai v. Chimanlal
Process of treating dry fruits Comparison Sulphuric Acid - Washing Soda muriatic acid - Acetic acid Sulphur dioxide fumes under pressure - Sulphur dioxide fumes without pressure
Copyright, Brain League, 2011.
Indirect Infringement
Contributory Infringement Inducement to infringe
Defenses
Government use Research Exemptions Experiments or education FDA approval Other Defenses
Example
Flav sells fruits with flavours induced into them. Sells fruits like grapes, apples and so on with orange, mango and any other flavour induced into them. Flav's process is as follows: Frozen fruits are sorted, sliced and de-frosted; Water and/or acid treatment is given to the fruits to remove their natural flavour by removing sugars, acids and other water soluble ingredients; Fruits are then immersed in sugar syrup and other flavoured liquids for about three hours; and Air is blown on the fruits with force to dry them. Flav wishes to avoid patent risks in India. What should it do?
Example
Claim A process for preparing a flavored dried fruit product said process comprising: (a) treating a dried fruit with an acidulant being selected from the group consisting of tartaric acid, malic acid, citric acid, ascorbic acid, phosphoric acid, and fumaric acid, in an amount and for a period of time which is sufficient to substantially remove the natural flavor of the dried fruit; (b) dehydrating the treated dried fruit to obtain a desired moisture content; and (c) treating the dried fruit during step (a) or after step (b) with a flavoring agent having a flavor which does not substantially correspond to the natural flavor of the dried fruit. Infringing?
Copyright, Brain League, 2011.
Patent A CLAIM 1
1)
Example
Mesh layer
A composite gutter guard , said gutter guard comprising: (a) a guard panel (b) a mesh layer overlying said guard panel ; and (c) a continuous heat weld defining an Guard uninterrupted longitudinal panel weld line connecting said mesh layer to said guard Copyright, Brain League, 2011. panel.
Example
Product B
Gutter guard is comprised of a mesh screen attached to a guard panel by means of an adhesive, hot glue, which is later cooled.
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