| > | | | | bases are a subset of the requirements for |
| How to enforce patents through civil lawsuits | | | | patentability in the relevant country. Whilst an |
| Normal 0 false false false | | | | infringer is generally free to rely on any available |
| MicrosoftInternetExplorer4 /* Style Definitions */ | | | | ground of invalidity (such as a prior publication, for |
| table.MsoNormalTable {mso-style-name:"Table | | | | example), some countries have permissions to |
| Normal"; mso-tstyle-rowband-size:0; | | | | prevent the same validity questions being |
| mso-tstyle-colband-size:0; mso-style-noshow:yes; | | | | relitigated. An example is the UK Certificate of |
| mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in | | | | contested validity. |
| 5.4pt; mso-para-margin:0in; | | | | Rationale |
| mso-para-margin-bottom:.0001pt; | | | | There are four main acts alive in the patent |
| mso-pagination:widow-orphan; font-size:10.0pt; | | | | system: to invent in the first place; to unveil the |
| font-family:"Times New Roman"; | | | | invention once made; to invest the sums required |
| mso-ansi-language:#0400; | | | | to experiment, produce and promote the |
| mso-fareast-language:#0400; | | | | invention; and to design around and improve upon |
| mso-bidi-language:#0400;} | | | | earlier patents. |
| Generally speaking, Patents can only be enforced | | | | 1. Patents provide motivation for |
| through civil lawsuits (for example, for a U.S. | | | | economically efficient research and development |
| patent, by an action for patent breach in a United | | | | (R&D). Many large modern corporations have |
| States federal court), although some countries | | | | annual R&D budgets of hundreds of millions or |
| (such as France and Austria) have criminal | | | | even billions of dollars. Without patents, R&D |
| punishments for willful infringement. Typically, the | | | | spending would be much less or eliminated |
| patent owner will seek monetary compensation | | | | altogether, limiting the possibility of technological |
| for past breach, and will seek a restriction | | | | advances or breakthroughs. |
| stopping the defendant from engaging in future | | | | 2. In accordance with the original |
| acts of breach. In order to prove breach, the | | | | meaning of the term "patent," patents facilitate |
| patent owner must set up that the accused | | | | and encourage disclosure of creations into the |
| infringer practices all of the requirements of at | | | | public domain for the common good. If inventors |
| least one of the claims of the patent (noting that | | | | did not have the legal protection of patents, in |
| in many authorities the scope of the patent may | | | | many cases, they would prefer or tend to keep |
| not be restricted to what is literally stated in the | | | | their inventions secret. |
| claims, for example due to the "doctrine of | | | | 3. In many industries (especially |
| equivalents"). | | | | those with high fixed costs and either low |
| An important restriction on the ability of a patent | | | | insignificant costs or low reverse engineering costs |
| owner to successfully assert the patent in civil | | | | computer processors, software, and |
| litigation is the accused infringer's right to challenge | | | | pharmaceuticals for example), once an invention |
| the legacy of that patent. Civil courts hearing | | | | exists, the cost of marketing (testing, tooling up a |
| patent cases can and often do declare patents | | | | factory, developing a market, etc.) is far more |
| not valid. The grounds on which a patent can be | | | | than the initial conception cost. (I.e. the internal |
| found not valid are set out in the relevant patent | | | | "rule of thumb" at several computer companies in |
| legislation and vary between countries. Often, the | | | | the 1980s was that post-R&D costs were 7-to-1). |