Patent Bar Exam Patent Infringement 2

Question 1

Under 35 U.S.C. § 271(b), which of the following best describes 'inducement of infringement'?

Accepted Answer

Actively encouraging another party to directly infringe a patent with knowledge of the patent

Answer

Section 271(b) imposes liability on anyone who actively induces infringement by another, requiring knowledge of the patent and intent that infringement occur.

Question 2

The doctrine of equivalents cannot be used to recapture claim scope that was surrendered during prosecution. This limitation is known as:

Accepted Answer

Prosecution history estoppel

Answer

Prosecution history estoppel bars a patentee from using the doctrine of equivalents to recapture subject matter surrendered during prosecution to obtain allowance.

Question 3

Which test does a court apply to determine whether an accused device infringes a patent claim literally?

Accepted Answer

The all-elements (all-limitations) test

Answer

Literal infringement requires that every element (limitation) recited in the claim be present in the accused device exactly as claimed.

Question 4

A company sells a component that has no substantial non-infringing use and knows the component will be combined by customers to infringe a patent. Under 35 U.S.C. § 271(c), this company is liable for:

Accepted Answer

Contributory infringement

Answer

Section 271(c) imposes contributory infringement liability on sellers of components especially made or adapted for use in an infringement with no substantial non-infringing use.

Question 5

Under the 'reverse doctrine of equivalents,' a device that literally meets all claim limitations may nevertheless not infringe if:

Accepted Answer

The device performs the same function in a substantially different way

Answer

The reverse doctrine of equivalents permits a finding of non-infringement even for literal claim reads when the accused device achieves the result in a fundamentally different way.

Patent Bar Exam Practice Test

Patent Bar Exam Practice Test

Patent Bar Exam Patent Infringement 2