An issued patent is presumed Alleged infringer may challenge validity, contending that the applicant failed to meet any of the requirements for patentability. Studies have found 1/3 to 1/2 of litigated patents held are invalid. Inequitable Conduct deals with the conduct of the applicant during the prosecution of the patent application. can be affirmative misrepresentations failure to disclose information submission of false information other misleading conduct simply being a jerk is insufficient. applicant must have acted with the intention to mislead, and the information must be material. Implied License and First Sale An authorized sale of a patented article includes an implied license to use and the sell the article If inventor sells her patented product, she implicitly grants buyers a license to use them. The " Experimental Use" Defense. Case law indicates you can practice invention if purely for philosophical inquiry, amusement, or to satisfy idle curiosity, but not okay if done in connection to make money. Incredibly tiny defense. Does not protect even basic scientific research, if the research could lead even indirectly to commercial results. Laches. The defendant may establish laches by showing the patentee unreasonably and inexcusably delayed bringing an infringement action and the delay caused material prejudice to the D. Equivalent to statute of limitations, but more flexible, in that if wait too long lose versus estoppel, which requires reliance. Antitrust and Patent Misuse. attempting to make patent monopoly into more than were granted under the law. Shop Rights. Person invents other's shop (e.g., tools), absent express K to contrary, inventor (Person) gets patent right to invention, but Other has shop rights to use invention in their business.
An issued patent is presumed Alleged infringer may challenge validity, contending that the applicant failed to meet any of the requirements for patentability. Studies have found 1/3 to 1/2 of litigated patents held are invalid. Inequitable Conduct deals with the conduct of the applicant during the prosecution of the patent application. can be affirmative misrepresentations failure to disclose information submission of false information other misleading conduct simply being a jerk is insufficient. applicant must have acted with the intention to mislead, and the information must be material. Implied License and First Sale An authorized sale of a patented article includes an implied license to use and the sell the article If inventor sells her patented product, she implicitly grants buyers a license to use them. The " Experimental Use" Defense. Case law indicates you can practice invention if purely for philosophical inquiry, amusement, or to satisfy idle curiosity, but not okay if done in connection to make money. Incredibly tiny defense. Does not protect even basic scientific research, if the research could lead even indirectly to commercial results. Laches. The defendant may establish laches by showing the patentee unreasonably and inexcusably delayed bringing an infringement action and the delay caused material prejudice to the D. Equivalent to statute of limitations, but more flexible, in that if wait too long lose versus estoppel, which requires reliance. Antitrust and Patent Misuse. attempting to make patent monopoly into more than were granted under the law. Shop Rights. Person invents other's shop (e.g., tools), absent express K to contrary, inventor (Person) gets patent right to invention, but Other has shop rights to use invention in their business.