Kettle
A patent claim describes a kettle with a circular heating base. Competitor B offers a kettle with a rectangular heating base. All other features are identical.
Question: Does the rectangular kettle fall under the patent claim? Could the patent holder subsequently delete the feature “circular” in order to also cover rectangular heating bases?
Vacuum Cleaner
A patent claims a vacuum cleaner with a replaceable filter and a particularly energy-efficient motor. A competitor launches a vacuum cleaner with the claimed energy-saving motor, but without the replaceable filter.
Question: Suppose the patent holder realizes that the filter was not necessary for the patent at all. Can he prevent the competitor from selling the vacuum cleaner?
A patent claims an LED light source with a special energy-saving electronic circuit. A competitor sells a light bulb that meets all the features of the patent claim. However, in the course of the proceedings, it becomes apparent that this very light bulb had already been presented at a trade fair and offered in catalogs before the filing date of the patent. However, the patent also shows a special improvement in the circuit, which is patentable but does not correspond to the light bulb that infringes the patent.
Question: What are the consequences for the competitor and for the patent?
A patent was originally filed for a novel loudspeaker membrane. During the application process, the patent office determined that the originally submitted version was not new. The applicant then added a feature from the description: the membrane is made of a special fiber-reinforced material. The patent was finally granted with this version. A few years later, a competitor launches speakers on the market whose membranes are also made of exactly this fiber-reinforced material. When the case ends up in court, the competitor notes that the added feature was not included in the original application documents.
Question: What are the consequences for the competitor and for the patent?
The applicant makes major changes during the application process. In order to distinguish his patent from the prior art, he includes a number of features from the description, including the feature that a membrane is made of a specific material X. It later transpires that the applicant made a mistake when making the change and that material Y was actually meant instead of material X. Material X was not originally mentioned in the application documents. A competitor uses both the variant with material X and the variant with material Y.
Question: What are the consequences for the competitor and for the patent?