Section 60

Question 1

What is the infringing variants test?

Answer 1

Improver v Remington [1990] FSR 181

The variant will not infringe if any of the following are true:

i) the variant has a material effect on the way the invention works.
ii) an expert in the field wouldn’t have found it obvious that the variant would have no material effect on the way the invention works.
iii) that an expert in the field would have taken from the language used in the patent that strict compliance with the primary meaning was an essential requirement of the invention.

Question 2

What acts are excluded from infringement?

Answer 2

• Private, non-commercial acts
• Experimental purposes relating to the subject-matter of the invention
• A medicine prepared in a pharmacy in response to an individual’s prescription
• Use for a ship temporarily in UK waters
• Use in an aircraft / vehicle temporarily in the UK
• human / animal trials for marketing authorisation

Question 3

What is the contributory infringement test?

Answer 3

SOD EKSSI

• Supply or Offer to supply in the UK
• Double territoriality
• Essential element
• Known / Obvious to a reasonable person in the circumstances that…
  
  • Suitable for and Intended for putting the invention into effect
• Unless Staple product
  
  • Unless Induced infringement

Question 4

Who is generally considered to be an importer?

Answer 4

The person paying the transport costs.

Although, joint tortfesorship may cause the UK party to be jointly considered an importer.

Question 5

Discuss the direct product of process test.

Answer 5

Two part.

(1) product must have been made by the process.
(2) product must remain a direct product of the process (ie. it must be unchanged).