2008 CCT206 Exam Part 2
When one files for a patent a “Statement of Claims” is made. What are claims and why are they
Claims are statements that are made at the end of a patent or patent application, which clearly define what
aspect/s of the invention the inventor/s claim entitlement to. Claims can be either dependent or
independent. Dependent claims depend on other claims and both must be read in order to interpret the
claim properly; Independent claims stand on their own.
(e.g. Apple: Claim (1) A Machine method...device...having digital camera – Independent. Claim (2) The
method of claim 1 wherein the display screen is a touch sensitive – Dependent.)
The Statement of Claims defines the scope of protection for the patent holders. Patents give the owner the
right to exclude others from producing, using, distributing, offering or selling your work to others. Claims
are important because in order to enforce this exclusion in a court the owner must prove that what the
defendant is using falls within the scope of the owners statement of claims.
Briefly explain the common law doctrine of laches and give an example of its application
The Common Law Doctrine of Laches refers to the plaintiffs duty to mitigate their loss or damages. This
can mean delaying in filing a claim (lapse of time). Laches are much like Statutes of Limitation but they
are equitable not statutory (common law not written legislation).
CASE: In Janiak v Ippolito (1985), 16 D.L.R. (4th ) 1 (S.C.C.), Judge stated that:
“The general rule of mitigation of damage applicable to both breach of contract and tort is that the
aggrieved party must take all reasonable steps to mitigate the loss and cannot claim for avoidable loss …
In the case of contract, damages for breach are reduced by the amount of loss that should have been
avoided if the plaintiff had taken reasonable steps to mitigate."
Briefly distinguish between: direct infringement of copyright, vicarious infringement of copyright
and contributory infringement of copyright.