Patents for Chemicals, Pharmaceuticals, and Biotechnology: Fundamentals of Global Law, Practice, and Strategy

By Philip W. Grubb | Go to book overview

23
HOW TO CATCH THE INFRINGER--AND
HOW NOT TO BE CAUGHT

Not to mention the expert evidence about the scientific stuff--all that fandango about the magnesium alkaloid and the patent vapour-feed. The chemists on the two sides flatly contradicted each other, and so did the accountants.

A. P. Herbert: Wigs at Work

From the Viewpoint of the Patentee 378
The Interpretation of Claims 379
The United Kingdom 380
The United States 381
Germany 383
Other Countries 383
The European Patent Convention 384
Process Patents and Derived Product Protection 385
Contributory Infringement 386
Exhaustion of Rights 388
To Sue or Not to Sue 388
Where to Sue 389
Cross-border Injunctions 390
From the Viewpoint of the Potential Infringer 391
Infringement Searches 391
Is the Patent Not Yet Granted? 392
Is the Patent in Force? 393
Is the Patent Valid? 393
Are there Rights of Prior Use? 393
Can one Design Around the Patent? 394
Is a Licence Available? 394

From the Viewpoint of the Patentee

When the owner of a patent becomes aware of commercial activity by a competitor which is in the area of his invention, he will naturally want to know if the patent can be used to stop these activities. The first and most important question is whether what the competitor is doing amounts to an infringement.

This may sometimes be a very easy question to answer, particularly when the patentee has product per se protection for a group of chemical com

-378-

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