Patent law essay - Interpretation of claims and infringement
Summary :
Table of Contents
- Introduction.
- Common issues of contention in patent infringement claims.
- The conflict between competing rights in patent law.
- The case of Van der Lely v Bamfords Limited.
- The case of Catnic Components Ltd v Hill & Smith.
- Lord Diplock's reasoning in the Catnic case.
- The issues raised by the Catnic test and what they highlight.
- Conclusion.
Abstract
The intrinsic nature of patents has rendered interpretation of patent claims inherently problematic. The central issue that has exercised the courts is the appropriate method of interpretation, particularly on infringement claims. Bainbridge's observations of the intricacies of patent infringement emphasise the fine balance that interpretation must address: "patent infringement is not measured in terms of whether a substantial part has been taken as is infringement of a work of copyright, but there are difficulties where the invention has not been taken in its entirety by an alleged infringer, or where some feature of the invention has been changed ".
Key Words: Patents, patent infringement, patent interpretation, patent claims, Patents Act 1977, Novelty, Inventive Step, Catnic Test, Obvious, European patent Convention, EPC.
Key Words: Patents, patent infringement, patent interpretation, patent claims, Patents Act 1977, Novelty, Inventive Step, Catnic Test, Obvious, European patent Convention, EPC.
Latest in the category : International law
1
Legal agreement for the appointment of a non-exclusive distributor
Standard contracts | 08/11/2009 | en | .doc | 12 pages
3
How an EU military could affect world peace through international law
Term papers | 07/28/2009 | en | .doc | 12 pages
4
US courts should apply universal principle to Alien Tort Cases
Term papers | 07/28/2009 | en | .doc | 10 pages
From the same author : International law
2
The impact of European Union Law on the world of sport and the Bosman decision
Presentation | 09/09/2008 | en | .doc | 7 pages
3
Is "Maurice" a hopelessly flawed text, or a thoughtful adaptation of the novel form to the subject matter and a strong intervention in debates of the time?
Presentation | 09/25/2008 | en | .doc | 9 pages
4
The contribution made to the concept of the supremacy of European Community Law by the judgment of the European Court of Justice
Presentation | 08/21/2008 | en | .doc | 5 pages
Change Currency
Our guarantee :
How it works?
Quality guaranteed
Refunds
Secure payment
Who are we ?
