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

Patents Act - Essay Example Any questionable aspects to MCJ’s patent could be used by DD to approach the Comptroller to ascertain whether DD is entitled to the patent in view of the fact that it had applied as early as July 2002 and the questionable nature of MCJ’s purported earlier application. If the Comptroller determines that MCJ is not entitled to ownership of the patent, then he will â€Å"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 license DD’s A-UK patent. However, since MCJ’s license has already been published, remedies in this area appear limited. Since MCJ’s is the earlier patent based on priority 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 similar 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 protected since DD â€Å"did not know of the earlier transaction, instrument or event† and was unaware of the published application of MJC Ltd. An â€Å"innocent infringer† will be exempt from any liability for damages.