Answer to Question #280819 in English for Clea

Question

Scenario:

Maria and Teresa are best friends. They are both fond of discovering new things. Maria was able to invent one of the most "sought" technological feautures of android phones in the 21st century, the Iris scan technology. It is considered as a breakthrough in phone technology because it can't be found in any existing phone tech and brands. It can unlock the phone in a distance of 1.5 meter and can recognize some "smart" functions of smartphones like pulse and body temperature check. When Marin filed for patent for her invention, it came to her knowledge that her bestfriend, Teresa, had already filed a patent for the same invention as hers.

1. Can someone file a patent infringement against the other? Why or why not? (answer it in essay)

2.Is there any rule/system of filing of Intellectual property that applies to the given situation? (answer it in essay)

Answer 1

1. Yes! According to Section 19 of the Civil Procedure Code, the patentee, who happens to be Maria can bring the suit for infringement in the court which has jurisdiction in area where she resides or carries on a business or personally works for the gain.
2. Intellectual Property Law- Intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs, and artistic works. Just as the law protects ownership of personal property and real estate, so too does it protect the exclusive control of intangible assets.