reasonable apprehension test
reasonable-apprehension test. Patents. A judicial analysis to decide whether there is a justiciable controversy between a patentee and an alleged infringer. • The test has two elements: (1) the patentee must make an explicit threat or take other action that makes another person reasonably believe that an infringement suit is likely, and (2) the other person must be engaged in an activity that could constitute infringement or must be intentionally preparing to engage in possibly infringing activity. If either element is prospective or uncertain, the court will not consider the complaint. [Cases: Declaratory Judgment 233. C.J.S. Declaratory Judgments § 99.]
