6. Patent Law (Part 2) - Industrial Applicability and Ownership

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Questions and Answers

Under what conditions does an invention made by an employee belong to the employer according to the Patents Act?

If the invention was made during normal work duties or duties assigned and expected to yield an invention. (correct)

If the employee was paid extra for innovative ideas.

If the invention was made during personal time.

If the employee voluntarily shares the invention with the employer.

What must be true for the Part regarding employees' inventions to apply?

The employee must not be attached to any employer.

The employee must be mainly employed in Singapore or attached to an employer with a Singapore presence. (correct)

The employee must have worked primarily in an overseas location.

The invention must have been completed during employer-sponsored projects.

Which statement reflects the interpretation that is excluded by the Part regarding employees' inventions?

Only inventions made in the workplace are subject to this Part.

An agreement can override the default ownership rules. (correct)

Inventions made outside work cannot belong to the employer.

All employees retain ownership of their inventions by default.

What is a key factor that affects where and how to file for an invention?

The business objectives and budget. Signup and view all the answers

Which of the following is a condition under which an employee's invention is recognized as belonging to the employer?

The invention was made due to a special obligation aligned with employer interests. Signup and view all the answers

What is the primary purpose of the patent system?

To ensure inventions can be used industrially Signup and view all the answers

Which of the following is NOT considered capable of industrial application under Section 16(2) of the Patents Act?

A new industrial process for manufacturing Signup and view all the answers

According to Section 25(4) of the Patents Act, what must be included in a patent application?

A clear and complete disclosure of the invention Signup and view all the answers

What does the 'patent bargain' primarily refer to?

The requirement for inventors to teach their invention to others Signup and view all the answers

Products used in surgical or therapeutic methods may still be patentable under which condition?

If they function independently of the method Signup and view all the answers

Why are methods of treatment not considered capable of industrial application according to the Patents Act?

They do not contribute to industry improvement. Signup and view all the answers

Which section specifies that an invention cannot merely be a discovery?

Section 16(1) Signup and view all the answers

What type of industry application is recognized under Section 16(1) of the Patents Act?

Any kind of industry, including agriculture Signup and view all the answers

What must be included in the applicant's procedures for revocation according to the specified process?

Evidence by the applicant and evidence in reply Signup and view all the answers

What happens if a ground for revocation is established but only to a limited extent?

Patentee must amend specification for the patent to remain valid Signup and view all the answers

When does the revocation of a patent take effect?

As from the date of grant of the patent Signup and view all the answers

What is a characteristic of a patent that is described as 'not novel'?

It is not inventive and cannot be patented Signup and view all the answers

What can be done by the patentee if the patent is partially invalidated?

Amend the specification to address the invalidity Signup and view all the answers

What is the maximum duration for which a granted patent remains in force?

20 years from the date of filing Signup and view all the answers

What effect does the publication of a patent application have on confidential information?

It results in the loss of protection of confidential information. Signup and view all the answers

What is required from a patent proprietor to maintain the validity of the patent after the fourth year?

Payment of an annual renewal fee Signup and view all the answers

Why should an invention be kept confidential prior to filing a patent application?

To ensure novelty and maintain inventive step Signup and view all the answers

Which of the following statements correctly describes the grace period as mentioned in the context?

Grace period affects the assessment of novelty and inventive step. Signup and view all the answers

What might an applicant do if they wish to expedite the grant of their patent?

Submit an early publication request Signup and view all the answers

Which of the following is a potential consequence of publication under the Patents Act?

Ability to recover damages for infringement dating back to the publication date Signup and view all the answers

What aspect of patent renewal is emphasized in the Patents Rule?

Fees must be paid within a specific time frame before the patent anniversary. Signup and view all the answers

What must a defendant prove to avoid damages if they were unaware of a patent's existence at the time of infringement?

They had to have reasonable grounds to suspect the patent's existence. Signup and view all the answers

Which of the following phrases would likely indicate that a product is patented?

Singapore Patent No.xyzxyz Signup and view all the answers

What is one reason to revoke a patent?

To challenge its validity for a defense. Signup and view all the answers

What primarily differentiates an application to revoke a patent from an application to re-examine it?

The need for both parties to provide evidence. Signup and view all the answers

Which section addresses the application for revoking a patent?

Section 80 Signup and view all the answers

What type of process is an application to re-examine a patent described as?

Ex parte Signup and view all the answers

Which of the following is NOT a ground for revocation of a patent as per Section 80(1)?

Insufficient data presented during application Signup and view all the answers

In what scenario would an applicant for re-examination of a patent have no further involvement after filing the application?

In an ex parte application. Signup and view all the answers

Study Notes

Industrial Applicability

To be patentable an invention must be capable of industrial application.
This means that the invention can be made or used in any kind of industry, including agriculture.
However, there are exclusions:
- Methods of treatment of the human or animal body by surgery or therapy.
- Methods of diagnosis practised on the human or animal body.
A product used in such methods of treatment or diagnosis is potentially capable of industrial application.

Sufficiency

The specification of a patent application must disclose the invention in a way that is clear and complete enough for a skilled person to perform it.

Filing Strategy

Filing strategy should reflect business objectives and budget.
These factors affect where to file and how to file.

Ownership

Employees' inventions may be owned by the employer under certain conditions.
If the employee was mainly employed in Singapore, or had no fixed place of employment but the employer is in Singapore and the employee was attached to the employer's Singapore business, the invention likely belongs to the employer.

IP Due Diligence

IP Due Diligence should be carried out before filing a patent application.

Restrictions on Relief

A defendant may not be liable for damages or account of profits for patent infringement if they were unaware and had no reasonable grounds to suppose at the date of infringement that the patent existed.
The defendant bears the burden of proof.
A defendant can demonstrate being aware of a patent if the word "patent" or "patented" or any word suggesting a patent was obtained is attached to a product, accompanied by the patent number.

Patent Revocation

A patent can be revoked if it is found to be invalid.
There are several ways to revoke a patent, including applying to revoke a patent, apply for binding re-examination or challenging validity in a defence to a patent infringement suit.
An application to revoke a patent is examinable and is an inter partes action while an application for binding re-examination is non-examinable and an ex parte action.
An application to revoke a patent is filed in the High Court or with the Registrar of Patents while an application for binding re-examination is filed with the Registrar of Patents.
Application to revoke a patent is a longer and more expensive process while an application for binding re-examination a shorter and less expensive one.

Grounds of Revocation

Patent revocation may occur if the invention is not a patentable invention, it was granted to someone not entitled to be granted the patent, or any other grounds specified by law.

Process of Revocation at IPOS

The process of revocation at IPOS involves filing an application for revocation, filing a counter-statement by the patentee, allowing amendments to the specification, filing evidence by the applicant for revocation, filing evidence by the patentee, and allowing evidence in reply by the applicant for revocation.

Effect of Revocation

When a patent is revoked, it is unconditionally revoked from the date of grant.
If the ground of revocation is established only for a limited part of the patent, the patentee may amend the specification with the Registrar's satisfaction and the patent will not be revoked.
Revocation has a serious consequence for the patentee.

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Description

Explore the vital aspects of patent law, focusing on industrial applicability, sufficiency of patent specification, and filing strategies. This quiz will also cover ownership rights concerning employee inventions and their impact on patents. Test your knowledge of the key principles and strategies in patent law.