patent case study 專利問題

2012-10-08 8:00 pm
Please kindly help answer the 2 questions based on the case below, thanks!!!

case:
Short-term patents can easily be obtained in Hong Kong. The substantive claims of such patents aren’t examined before they are granted; but they must be substantiated if someone sues for infringement. Mr A checked to see who was doing research in Chinese traditional medicines (CTM) in Hong Kong, and then filed a series of vaguely-stated patent claims in the same area of research. After getting the patents, he wrote warning letters to the companies doing CTM research, threatening legal action for patent infringement if they didn’t pay him royalties. Mr A knew that his patents would not stand up in court; but felt that the companies would settle to avoid a court battle.

questions:
1) Was this sort of action lawful?
2) What could you do if you were one of the companies doing the R&D in CTM?

Thanks!!!

回答 (1)

2012-10-08 10:21 pm
✔ 最佳答案
1. Yes - classical abuse of legal system

2. Counter-sue Mr. A. Usually, a counter-sue claim will help to resolve patent issue quickly.

(A entity that does not have legitimate claims for patent will not stand in the way for the fight.)


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