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

By Philip W. Grubb | Go to book overview

9
ENFORCING PATENT RIGHTS

Many federal appellate judges . . . approach patents with the kind of sus-
picion and hostility that a city-bred boy feels when he must traverse a jun-
gle full of snakes. . . . All patents look more or less strange and
threatening to them; and since they are heavily armed with the power of
the US Government, they frequently get the idea that it's their duty to kill
everything that moves in this dangerous land.

Abe Fortas: The Patent System in Distress

What Constitutes Infringement? 154
Infringement in the United Kingdom 155
Before the 1977 Act 155
Case Law and Statute Law 156
Infringement under the 1977 Act 158
Infringement in the USA 160
Procedure in the United Kingdom 163
Remedies 166
Who May Sue? 168
Threats 169
Procedure in the USA 169
Procedure in Continental Europe 172
Procedure in Japan 174

What Constitutes Infringement?

Once a patentee has obtained a granted patent, and done whatever is necessary to keep it in force, what can he do with it? As we have seen in Chapter one, a patent does not give the patentee the right to practise his invention, but only to prevent others from doing so. Although this right is, in the United Kingdom, granted by the Crown, it is not up to the Crown to enforce it. Infringement of a British patent is not a crime for which one can be prosecuted, but a tort, a civil wrong for which one can be sued in the civil courts. Essentially, the right given by a patent is the right to sue for infringement.

While this is true for all countries having an Anglo-Saxon legal system, and also for many others, there are nevertheless a number of countries in which patent infringement is a criminal offence, either generally or in special circumstances, such as when there is deliberate and wilful infringement.

-154-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Patents for Chemicals, Pharmaceuticals, and Biotechnology: Fundamentals of Global Law, Practice, and Strategy
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 448

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.