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Patent Infringement

The document discusses various types of patent infringement including literal infringement, doctrine of equivalents, and criminal infringement. It also covers civil and criminal actions for infringement, prescription periods, available defenses, and voluntary licensing.

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Christine Raiz
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11 views2 pages

Patent Infringement

The document discusses various types of patent infringement including literal infringement, doctrine of equivalents, and criminal infringement. It also covers civil and criminal actions for infringement, prescription periods, available defenses, and voluntary licensing.

Uploaded by

Christine Raiz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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 Patent Infringement: the making, using, offering for sale, selling or importing a patented product or a

product

obtained directly or indirectly from a patented process, or the use of a patented process without the

authorization of the patentee

 Literal Infringement: if one makes, uses or sells an item that contains all elements of the patent claim.
This

test is satisfied in either of the following:

1. Exactness rule: the item that is being sold, made or used conforms exactly to the patent claim of
another

2. Addition rule: one makes, uses or sells an item that has all the elements of the patent claim of
another plus

other elements

 Doctrine of Equivalents: An infringement also takes place when a device appropriates a prior invention
by

incorporating its innovative concept and, although with some modification and change, performs
substantially

the same function in substantially the same way to achieve substantially the same result.

 Civil action: to recover from the infringer such damages (actual damages not exceeding 3 times of
damages

sustained) sustained thereby, plus attorney’s fees and other expenses of litigation, and to secure an
injunction

for the protection of his rights

 Criminal action: imprisonment for a period not less than 6 months but not more than 3 years and/or a
fine of

not less than P100,000.00 but not more than P300,000.00.

 Prescription: 3 years from the date of commission of the crime (repetition of infringement)

Note: Under Section 79 of RA8293, no damages can be recovered for acts of infringement committed
more than 4 years

before the institution of the action for infringement.

 Defenses in action for infringement: In addition to other defenses available to him, he may show the

invalidity of the patent or any claim thereof on any of the grounds for cancellation of a patent.

 Voluntary Licensing: To encourage the transfer and dissemination of technology, prevent or control
practices
and conditions that may in particular cases constitute an abuse of intellectual property rights having an

adverse effect on competition and trade, all technology transfer arrangements shall comply with the
provisions

of the IP Code.

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