Patent Risk Analysis

Kalyan K. kalyan@brainleague.com Url: www.brainleague.com Books: www.kalyankankanala.com`

Patent Rights
• Territory • Product Patent - Make, Use, Sell, Offer for Sale and Import. • Process patent - Use

Infringement
• Types – Direct • Literal • Equivalent – Indirect

Direct Infringement
• Claim Construction • Comparison • Claim by claim - element by element

Claim Construction
• Claim • Preamble • Transition • Body

• I claim a ‘plastic ceiling Fan' comprising of a base connected to a solid rod, which in turn is connected to a rotor with three wings.

Claim Construction
• Preamble - I claim a ‘plastic ceiling Fan' • Transition - comprising of • Body - base connected to a solid rod, which in turn is connected to a rotor with three wings.

Claim Elements
• • • • Base Solid rod Rotor 3 Wings

Is this product infringing?
• A plastic ceiling fan having a base to be attached to the ceiling and which has a hollow rod connected to the base. The hollow rod is connected to a circular rotor having 4 wings. • I claim a ‘plastic ceiling Fan' comprising of a base connected to a solid rod, which inturn is connected to a rotor with three wings.

Doctrine of Equivalence
• Equivalents of a claim – Function – Way – Result • Prosecution History Estoppel

Example Claim
A method of preparing thermoplastically processable starch which is a substantially water free combination of starch with at least one additive.

L.B. Plastics V. Amerimax
• Claim: • 1) A composite gutter guard ... comprising:

• (a) an elongate polymer guard panel ... • (b) a polymer-coated mesh layer overlying said guard panel ... and (c) a continuous heat weld defining an uninterrupted longitudinal weld line connecting said mesh layer to said guard panel ...

Product
• The product has a frame and a mesh connected to the frame with the help of a hot glue. The mesh is welded at various points and a hot glue is poured in the gaps. The hot glue solidifies and the mesh attaches to the frame continuously.

Example
• • Claim A biodegradable plastics composition comprising polyglycolide and poly(3-hydroxybutyric acid, a high molecular weight substance, said polyg lycolide being present in an amount of 1060% based on the total weight of said polyglycolide and said high molecular weight substance. Product A competitor makes a biodegradable plastic composition containing twenty percent polyglycolide and either polycaprolactone or polyglutamic acid. Infringing?

• •

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