Divided Infringement in the Limelight of the Patent Battle Field.
Diagnostic patents usually comprise multiple steps and can be jointly implemented by different parties. However, in the USA, joint implementation may render diagnostic patents unenforceable in light of recent court opinions. Here, I explain how inappropriate claim drafting may render a diagnostic patent vulnerable to joint implementation.
Institute of Population Health Sciences, National Health Research Institutes, Miaoli County, Taiwan 350; Department of Biological Science and Technology, National Chiao-Tung University, Hsinchu, Taiwan 300; School of Dentistry, China Medical University, Taichung, Taiwan 404. Electronic address: fcchen@nhri.org.tw.
Feng-Chi
FC
Chen
D019937:Diagnostic Techniques and Procedures; D006801:Humans; D010330:Patents as Topic / Q000331:legislation & jurisprudence*; D014481:United States
diagnostic method.; divided infringement; joint implementation; patent enforceability; patent infringement