Flashcards Studio

Patentee A owns a Philippine patent for a catalytic process C used in producing a biodegradable packaging polymer P. A private mid-size manufacturer, NanoCoast, had been using the same catalytic process C in its own plant for internal production of a polymer packaging material since 2010, well before the patent’s filing date in 2014. The use was private, non-commercial, and did not involve sale or license. The patent was granted in 2016 and covers C for use in the production of P. After grant, NanoCoast continues to use C for its internal production of P and does not license or sell the process or a modified product. Is NanoCoast liable for patent infringement? (a) Identify the limiting doctrine governing patent rights that applies. (b) Distinguish how this limitation differs from other uses of a patented invention. (c) Apply the doctrine to NanoCoast's actions and state whether there is infringement and why.