Build a Comparative Guide

1.1

What are the sources of patent law in your jurisdiction?

1.2

Who can register a patent?

2.1

What rights are obtained when a patent is registered?

2.2

How can a patent owner enforce its rights?

2.3

For how long are patents enforceable?

3.1

Which governing body controls the registration procedure?

3.2

What is the cost of registration?

3.3

What are the grounds to reject a patent application?

3.4

What programmes or initiatives are available to accelerate or fast track examination of patent applications?

3.5

Are there any types of claims or claiming formats that are not permissible in your jurisdiction (eg, medical method claims)?

3.6

Are any procedural or legal mechanisms available to extend patent term (eg, adjustments for patent office delays, pharmaceutical patent term extension or supplementary protection certificates)?

3.7

What subject matter is patent eligible?

3.8

If the patent office does not grant a patent, is an appeal available and to whom?

4.1

Where can the validity of an issued patent be challenged?

4.2

How can the validity of an issued patent be challenged?

4.3

What are the grounds to invalidate an issued patent?

4.4

What is the evidentiary standard to invalidate an issued patent?

4.5

What post-grant review or opposition procedures are available for third parties to challenge the validity of a patent?

4.6

Who can oppose a granted patent?

4.7

What are the timing requirements for filing an opposition or post-grant review petition?

4.8

What are the grounds to file an opposition?

4.9

What are the possible outcomes when an opposition is filed?

4.10

What legal standards will the tribunal apply to resolve the opposition or challenge, and which party bears the burden of proof?

4.11

Can a post-grant review decision be appealed and what are the grounds to appeal?

6.1

What Constitutes Patent Infringement?

6.2

Does your jurisdiction apply the doctrine of equivalents?

6.3

Can a party be liable if the patent infringement takes place outside the jurisdiction?

6.4

What are the standards for wilful infringement?

6.5

Which parties can bring an infringement action?

6.6

How soon after learning of infringing activity must an infringement action be brought?

6.7

What are the pleading standards to initiate a suit?

6.8

In which venues may a patent infringement action be brought?

6.9

What are the jurisdictional requirements for each venue?

6.10

Who is the fact finder in an infringement action?

6.11

Does the fact finder change based on venue?

6.12

What are the steps leading up to a trial?

6.13

What remedies are available for patent infringement?

6.14

Is an appeal available and what are the grounds to appeal?

7.1

Is discovery available during litigation?

7.2

What kinds of discovery are available?

7.3

Are there any limitations to the amount of discovery allowed?

8.1

When during a patent infringement action are claim terms defined by the tribunal?

8.2

What is the legal standard used to define claim terms?

8.3

What evidence does the tribunal consider in defining claim terms?

9.1

Are injunctions available?

9.2

What is the standard to obtain an injunction?

9.3

Are damages available?

9.4

What types of damages are available?

9.5

What is the standard to obtain certain types of injunctions?

9.6

Is it possible to increase or multiply damages due to a party’s actions?

9.7

Are sanctions available?

9.8

What kinds of sanctions are available?

9.9

Can a party obtain attorneys’ fees?

9.10

What is the standard to obtain attorneys’ fees?

10.1

What patent rights can a party obtain through a licence?

10.2

What limits can a patent owner impose on a licence?

11.1

Are there any limits on patent protection due to antitrust laws?