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Unformatted text preview: must be established with respect to one of the
several "claims" in the patent document.
how di¤erent another product must be to avoid infringement
Claims: the minimal combinations of elements that qualify for protection
"Doctrine of equivalents": protection from any product which does the same
work in substantially the same way & accomplish the same results. Lecture 3: IP & market structure, Econ483: Econ of Innovation & Technology, Evangelia Chalioti c A ll rights reserved. IP Characteristics Patent characteristics
Exemptions & defenses: If the patent holder asserts rights that do not
meet the foregoing requirements, a defense to infringement might be that
the patent is invalid.
Applicants cannot receive a patent on someone else’invention.
Patent holders must not "misuse" their patents.
careful balance between monopoly & free usage’requirement must hold Lecture 3: IP & market structure, Econ483: Econ of Innovation & Technology, Evangelia Chalioti c A ll rights reserved. IP Characteristics Patent characteristics
Exemption if the infringer’ conduct is socially bene…cial - i.e. for
noncommercial research by Universities.
Min standards of honesty (not misleading assurances)
- Applicants have to reveal what can make their patents unenforceable.
In the US, if two inventors apply for a patent, priority is given to the …rst
inventor (not to the …rst inventor to …le an application) Lecture 3: IP & market structure, Econ483: Econ of Innovation...
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- Spring '08