How to Invent and Protect Your Invention: A Guide to Patents for Scientists and Engineers

CHAPTER 7. INFRINGEMENT AND FREEDOM TO OPERATE

1. What is infringement?

2. What two parts does an infringement lawsuit typically consist of?

3. Tina has invented the pancake turner, a flat device with a handle used to flip pancakes, grilled cheese, and other items cooked on a stovetop. She patents this device. Justin conceives the idea of making the pancake turner out of heat-resistant plastic, so that it lasts much longer when being used to flip hot foods. Justin also obtains a patent. What must Justin do in order to make and sell his heat resistant pancake turner? What word would we use to describe the relationship between Tina's patent and Justin's patent?

4. Suppose that in the example above, Justin abandons his inventive activities around the heat-resistant pancake turner. He conceives the idea for a device that can be used to grab pancakes or grilled cheese on the top and bottom so that they can be flipped. He obtains a patent on this technology, which falls outside the claims of Tina's patent. What must Justin do in order to make and sell his invention?

5. What is a royalty?

6. How do anticipation and domination differ? Which issue are patent examiners concerned with?

7. What is literal (or direct) infringement?

8. Contrast open claims with closed claims. Which types of claims would most inventors prefer?

9. Which phrase is used to construct an open claim: “comprises” or “consists of”?

10. What is the Doctrine of Equivalents? When does it apply?

11. What is contributory ...