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Patent infringement

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Patent infringement

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Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. It occurs when someone violates the patent rights an inventor has in his invention by making, using or selling the invention without the patent owner‘s permission (or if the patent has been licensed), in a way not permitted by the license.

Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. It occurs when someone violates the patent rights an inventor has in his invention by making, using or selling the invention without the patent owner‘s permission (or if the patent has been licensed), in a way not permitted by the license.

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Patent infringement

  1. 1. Patent Infringement Mr. Sagar Kishor Savale [Department of Pharmaceutics] avengersagar16@gmail.com 2015-2016 Department of Pharmacy (Pharmaceutics) | Sagar Savale
  2. 2. 2 Patent Infringement Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. It occurs when someone violates the patent rights an inventor has in his invention by making, using or selling the invention without the patent owner‘s permission (or if the patent has been licensed), in a way not permitted by the license. 7/12/2016Sagar Kishor Savale
  3. 3. 3 Types of Patent Infringement Direct Infringement It directly states that the third party has will fully or intentionally stole the technology from the inventor without his prior permission. It occurs when someone directly makes, uses or sells the patented invention within the United States. It can includes, manufacture patented technology; use patented technology; offer patented technology for sale; sell patented technology; import patented technology; pass off the patented. 7/12/2016Sagar Kishor Savale
  4. 4. 4 Indirect Infringement It refers to the unfair practice that does not give a clear indication that the patent is bought and sold in the market. It occurs, for instance, when a device is claimed in a patent and a third party supplies a product which can only be reasonably used to make the claimed device. It can includes, Sell parts that can only be realistically used for a patented invention; sell an invention with instructions on using a certain method that infringes on a method patent; license an invention that is covered by another‘s patent; sell material components that have been especially made for use in a patented invention and have no other commercial use. 7/12/2016Sagar Kishor Savale
  5. 5. 5 Basic Features of Patent Infringement The patents must be valid! The infringers must infringe with the purpose of operation or production! 3. Violation of legal rules 2. Infringement behavior 1. Objects of Infringement The behavior is carried out without the permission of patentees! 7/12/2016Sagar Kishor Savale
  6. 6. 6 Possible Consequences of Patent Infringement 1. A huge barrier for independent innovation; 2. Great challenge to the social civilization and sanctity of the law. 3. A damage to the economic laws and law of value. 4. An illegal behavior that destroys the fair and orderly market competitive order. 7/12/2016Sagar Kishor Savale
  7. 7. 7 How to Judge Patent Infringement? Doctrine of Equivalents Doctrine of Complete Coverage Doctrine of Compromise Doctrine of Estoppel Doctrine of Superfluity 5 Principles 7/12/2016Sagar Kishor Savale
  8. 8. 8 How to Judge Patent Infringement? A determination of patent infringement involves a two-step process: 1. The claims are analyzed by studying all the relevant patent documents; 2. The claims must “read on” the accused device or process. In a word, the claims are tested to see whether they describe the accused infringement. 7/12/2016Sagar Kishor Savale
  9. 9. 9 About Patent Claims Defines the scope of protection The utmost important both during prosecution and litigation A preamble that recites the class of the invention, and optionally its primary properties, purpose, or field. The possible parts contained in a claim may be: A "transitional" phrase that characterizes the elements that follow. A set of "limitations" that together describe the invention. Optionally, a purpose clause that further describes the overall operation of the Invention. 7/12/2016Sagar Kishor Savale
  10. 10. 10 Legal Responsibilities That Infringers Will Take Legal Responsibilities Administrative Responsibility Criminal Responsibility Civil Responsibility  When patent infringement happens, the patentee may sue for relief in the appropriate Federal court. 7/12/2016Sagar Kishor Savale
  11. 11. 11 Several Cases of Patent Infringement 7/12/2016Sagar Kishor Savale
  12. 12. 12 Reference  Sagar Kishor Savale et. al., Intellectual Property Rights (IPR),World Journal of Pharmacy and Pharmaceutical Sciences, Volume 5, Issue 6, 2016, 2529-2559. 7/12/2016Sagar Kishor Savale
  13. 13. 13 7/12/2016Sagar Kishor Savale

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