Patents Act Essay Example | Topics and Well Written Essays - 2250 words

Patents Act - Essay ExampleAny questionable aspects to MCJs patent could be utilize by DD to approach the controller to ascertain whether DD is entitle to the patent in view of the fact that it had apply as early as July 2002 and the questionable nature of MCJs purported earlier application. If the Comptroller determines that MCJ is not entitled to ownership of the patent, then he will reach a solution which will provide a reasonable opportunity for the patent to be exploited should there be a demand for it.The Comptroller can also amend the application and also has the power to indorse DDs A-UK patent.However, since MCJs license has already been published, remedies in this area appear limited. Since MCJs is the earlier patent based on anteriority date, this means that DD may be liable for infringing the patent of MCJ. However, since DD was not aware of the development of a alike(p) product but developed its cylinder coating product independently, and is also trying to acquire a license from MCJ to use the product, it is possible that no charges may be brought by MCJ. In respect to the rights in patents, it may be noted that the cylinder coating process may still be defend since DD did not know of the earlier transaction, instrument or event and was unaware of the published application of MJC Ltd. An sinless infringer will be exempt from any liability for damages.