Question

American Ingenuity, Inc. (AI) invents, develops, and distributes a new technology process to test for gestational diabetes and receives a patent from USPTO. Best Copy Corporation analyzes AI’s process and then develops a new technology process to test for both gestational diabetes and anemia. AI files suit against Best in the US, alleging violations of its patent, contending that Best’s test is not novel and nonobvious and only adds a trivial component to its patented process. Using concepts of patent law, discuss the following issues:?

Answer 1

According to patent laws,Best used the invention of American angenuity ,Inc without its permission(it is illegal to use a patented invention without owner's permission acording to patent rights).Adding a new process of testing Anaemia to the patent invention of test for diabetes can be considered as patent infringement and appropriate judicial action can be taken againt Best copy corporation.

In case American Anguity's invention was not patent then there was no issue regarding its use by anyone.