Patents and Trademark Law Case Study Example | Topics and Well Written Essays - 1500 words

Patents and Trademark Law - Case Study ExampleFirst they should make an screening to the UK obvious office. At the patent office they are required to fill a document called complete specification. This systema skeletale contains a description of the article, process or machine, including working instructions and a statement of claims which the inventor run throughks his monopoly. It is against these claims that either infringement is judged. The patent office will carry out research to test for novelty. According to the direct of the search the applicant may decide to abandon or modify his application or quest an examination by a qualified patent office examiner. The main task of the examiner is to see that the claims of the specification describe things that are not only new, but also inventive. Once the examiner is genial the specification is published and for 3 months afterwards any interested party can object by notice to the patent office. In the event of no opposition o r failure of objections the letters patent will be seated and the patentee can sue in the High Court for any infringement. Once granted, the patent covers the UK and is in force for 4 eld, and it can be renewed annually for a however 16 years after which it can be extended by an application to the High judicatory for a further 5 to 10 years.After duty registering their Pete Tom and Pete Soil manufacturer will have the patent rights and they can reinforce a legal action against anyone making, using, selling, offering for sale or importing their procure invention. In the event of the competitors proceeding to invent the polythene bags, Tom and Pete Soil can approach the court and fire a civil suit. In the court section 60 (1)4, patents Act 1977 states that Subject to the provision 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 united Kingdom in relation to the invention withou t that coincide of the proprietor of the patent, that is to say- Where the invention is a process, he usages the process or he offers it for use in the United Kingdom when he knows, or it is obvious to a reasonable person in the circumstances, that its use there without the consent of the proprietor would be an infringement of the parent. Therefore the aggrieved party can seek the assistance of the courts which will issue an injunction barring the competitors i.e. FR & ED as well as capital of Zimbabwe supermarkets from inventing and selling the polythene growing bags. Further Messrs Soil can prevent