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Patent Related Question Paper

508 Words3 Pages

Q2 (15%): Patent related questions.
(3%) What are the mostly important requirements for patentability?

The most important part of patent application is claim. The law requires at least one claim should be contained in a patent application to particularly point out and distinctly claim the subject matter, in order to be defined and examined by authorities. The claims should include one or more independent claims and/ or dependent claims. An independent claim is a stand-alone claim without any other previous claim, on the contrary, a dependent claim presents features or solutions of original limitations by reference from another claims.____ (2%) Why are claims important for a patent?

There are several sections contains in patent application such as abstract, drawing, specification, and patent claims. However, only the patent claims define the right to the inventor. This indicate that the claims define the range of protection for the invention provided by patent, and to avoid patent infringement.______________________________ …show more content…

A patent can become invalid before its lifespan when the invention is not novelty and is present in prior art. In the US, applicants have a duty to disclose patent or non-patent literatures of prior art to United States patent and trademark office (USPTO) for reference initiatively. The patent application may be invalidated as well as the insufficient disclosure submission of prior art to the authority intentionally. Furthermore, if the patent holder is not any of the claim inventor, it may be patent invalidity of the invention._______________

(7%) Please give an example of litigation related to infringement of medical device-related patent and describe the essential information of dispute involved in the

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