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  1. 60.01. s.67 is also relevant. This section is the first of a group (ss.60 to 71) relating to infringement. Section 60 governs what constitutes infringement of a patent for an invention under the ...

  2. Infringement. (1) Subject to the provisions of this section, a person infringes a patent for an invention if, but only if, while the patent is in force, he does any of the following things in the ...

  3. Jul 17, 2017 · The UK’s law on patent infringement has, to date, relied on the ‘Improver’ test, under which a ‘purposive construction’ is applied. Under this approach, the question is always what the person skilled in the art would have understood the patentee to be using the language of the claim to mean.

  4. Aug 8, 2018 · Indirect patent infringement. Section 60 (2) of the Patents Act defines acts which may not directly involve patented products or processes but would nevertheless be considered infringing acts. Acts of 'indirect' infringement occur when, without the consent of the proprietor, a person (or company): supplies or offers to supply in the United ...

    • Clare Tunstall
  5. Aug 19, 2024 · The Literal Infringement Test and the Doctrine of Equivalents are fundamental in the adjudication of patent infringement cases. The Literal Infringement Test offers a precise measure of infringement based on the exact language of patent claims, whereas the Doctrine of Equivalents provides a broader protection against insubstantial changes. Together, these tests balance the need for clear ...

  6. Aug 3, 2023 · Assessing patent infringement damages is a critical aspect of patent litigation, aiming to determine the financial compensation owed to the patent holder for the unauthorized use of their invention. The calculation of damages depends on several key factors, including the extent of the infringement, the value of the patented invention, and the harm caused to the patent holder’s market position.

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  8. Nov 27, 2023 · Here are the general steps and factors considered in determining patent infringement. Understand the Patent Claims: The first step is to carefully examine the claims of the patent. The claims define the scope of the patented invention. Comparison of Accused Product/Process: Compare the accused product or process to the claims of the patent.

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