Defendants in infringement cases can challenge the patent’s validity using any legal ground applicable for patent cancellation.
What defenses can a defendant use in an infringement action? Read More »
When a court finds a patent invalid, it must cancel it and record the fact in the official register.
What happens if a court finds a patent to be invalid? Read More »
Prior user rights can only be transferred alongside the specific business or enterprise where the invention was used.
Can a prior user transfer their right to use the invention? Read More »
The government can use patented inventions without consent for public interest, national security, or health reasons.
When can the government exploit a patented invention without the owner’s agreement? Read More »
During emergencies, the government must notify patent holders and provide adequate remuneration for the non-exclusive use.
What are the conditions for government use of a patent during an emergency? Read More »
The President determines national emergencies, enabling immediate government exploitation of patented inventions to address urgent public needs.
Who has the authority to determine a national emergency for patent use? Read More »
The government can exploit drug patents if the Secretary of Health finds local demand isn’t being met reasonably.
Can the government use a patent if the demand for a drug is not being met? Read More »
Patent protection boundaries are defined by claims, interpreted using the invention’s descriptions and accompanying technical drawings.
How is the extent of patent protection determined? Read More »
Patent protection extends to equivalent elements of the claims, preventing infringement through minor, non-substantial changes to an invention.
What is the “doctrine of equivalents” in patent protection? Read More »
Unauthorized making, using, selling, or importing of patented products or processes generally constitutes a legal act of infringement.
What acts constitute patent infringement? Read More »
