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1.
Lawsuits and courts
What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought?To read more
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2.
Trial format and timing
What is the format of a patent infringement trial?To read more
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3.
Proof requirements
What are the burdens of proof for establishing infringement, invalidity and unenforceability of a patent?To read more
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4.
Standing to sue
Who may sue for patent infringement? Under what conditions can an accused infringer bring a lawsuit to obtain a judicial ruling or declaration on the accusation?To read more
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5.
Inducement, and contributory and multiple party infringement
To what extent can someone be liable for inducing or contributing to patent infringement? Can multiple parties be jointly liable for infringement if each practises only some of the elements of a patent claim, but together they practise all the elements?To read more
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6.
Joinder of multiple defendants
Can multiple parties be joined as defendants in the same lawsuit? If so, what are the requirements? Must all of the defendants be accused of infringing all of the same patents?To read more
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7.
Infringement by foreign activities
To what extent can activities that take place outside the jurisdiction support a charge of patent infringement?To read more
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8.
Infringement by equivalents
To what extent can ‘equivalents’ of the claimed subject matter be shown to infringe?To read more
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9.
Discovery of evidence
What mechanisms are available for obtaining evidence from an opponent, from third parties or from outside the country for proving infringement, damages or invalidity?To read more
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10.
Litigation timetable
What is the typical timetable for a patent infringement lawsuit in the trial and appellate courts?To read more
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11.
Litigation costs
What is the typical range of costs of a patent infringement lawsuit before trial, during trial and for an appeal? Are contingency fees permitted?To read more
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12.
Court appeals
What avenues of appeal are available following an adverse decision in a patent infringement lawsuit? Is new evidence allowed at the appellate stage?To read more
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13.
Competition considerations
To what extent can enforcement of a patent expose the patent owner to liability for a competition violation, unfair competition or a business-related tort?To read more
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14.
Alternative dispute resolution
To what extent are alternative dispute resolution techniques available to resolve patent disputes?To read more
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15.
Types of protectable inventions
Can a patent be obtained to cover any type of invention, including software, business methods and medical procedures?To read more
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16.
Patent ownership
Who owns the patent on an invention made by a company employee, an independent contractor, multiple inventors or a joint venture? How is patent ownership officially recorded and transferred?To read more
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17.
Patent invalidity
How and on what grounds can the validity of a patent be challenged? Is there a special court or administrative tribunal in which to do this?To read more
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18.
Absolute novelty requirement
Is there an ‘absolute novelty’ requirement for patentability, and if so, are there any exceptions?To read more
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19.
Obviousness or inventiveness test
What is the legal standard for determining whether a patent is ‘obvious’ or ‘inventive’ in view of the prior art?To read more
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20.
Patent unenforceability
Are there any grounds on which an otherwise valid patent can be deemed unenforceable owing to misconduct by the inventors or the patent owner, or for some other reason?To read more
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21.
Prior user defence
Is it a defence if an accused infringer has been privately using the accused method or device prior to the filing date or publication date of the patent? If so, does the defence cover all types of inventions? Is the defence limited to commercial uses?To read more
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22.
Monetary remedies for infringement
What monetary remedies are available against a patent infringer? When do damages start to accrue? Do damage awards tend to be nominal, provide fair compensation or be punitive in nature? How are royalties calculated?To read more
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23.
Injunctions against infringement
To what extent is it possible to obtain a temporary injunction or a final injunction against future infringement? Is an injunction effective against the infringer’s suppliers or customers?To read more
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24.
Banning importation of infringing products
To what extent is it possible to block the importation of infringing products into the country? Is there a specific tribunal or proceeding available to accomplish this?To read more
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25.
Attorneys’ fees
Under what conditions can a successful litigant recover costs and attorneys’ fees?To read more
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26.
Wilful infringement
Are additional remedies available against a deliberate or wilful infringer? If so, what is the test or standard to determine whether the infringement is deliberate? Are opinions of counsel used as a defence to a charge of wilful infringement?To read more
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27.
Time limits for lawsuits
What is the time limit for seeking a remedy for patent infringement?To read more
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28.
Patent marking
Must a patent holder mark its patented products? If so, how must the marking be made? What are the consequences of failure to mark? What are the consequences of false patent marking?To read more
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29.
Voluntary licensing
Are there any restrictions on the contractual terms by which a patent owner may license a patent?To read more
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30.
Compulsory licences
Are any mechanisms available to obtain a compulsory licence to a patent? How are the terms of such a licence determined?To read more
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31.
Patenting timetable and costs
How long does it typically take, and how much does it typically cost, to obtain a patent?To read more
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32.
Expedited patent prosecution
Are there any procedures to expedite patent prosecution?To read more
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33.
Patent application contents
What must be disclosed or described about the invention in a patent application? Are there any particular guidelines that should be followed or pitfalls to avoid in deciding what to include in the application?To read more
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34.
Prior art disclosure obligations
Must an inventor disclose prior art to the patent office examiner?To read more
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35.
Pursuit of additional claims
May a patent applicant file one or more later applications to pursue additional claims to an invention disclosed in its earlier filed application? If so, what are the applicable requirements or limitations?To read more
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36.
Patent office appeals
Is it possible to appeal an adverse decision by the patent office in a court of law?To read more
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37.
Oppositions or protests to patents
Does the patent office provide any mechanism for opposing the grant of a patent?To read more
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38.
Priority of invention
Does the patent office provide any mechanism for resolving priority disputes between different applicants for the same invention? What factors determine who has priority?To read more
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39.
Modification and re-examination of patents
Does the patent office provide procedures for modifying, re-examining or revoking a patent? May a court amend the patent claims during a lawsuit?To read more
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40.
Patent duration
How is the duration of patent protection determined?To read more
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Updates and trends
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