Patent Infringement

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Patent Infringement


What is an Infringing act?

Section 60 Patents Act 1977
(1) Subject to the provisions of this section, a person infringes a patent for an invention if, but only if, while the patent is in force, he does any of the following things in the United Kingdom in relation to the invention without the consent of the proprietor of the patent, that is to say—
(a) where the invention is a product, he makes, disposes of, offers to dispose of, uses or imports the product or keeps it whether for disposal or otherwise;
(b) where the invention is a process, he uses the process or he offers it for use in the United Kingdom when he knows, or it is obvious to a reasonable person in the circumstances, that its use there without the consent of the proprietor would be an infringement of the patent;
(c) where the invention is a process, he disposes of, offers to dispose of, uses or imports any product obtained directly by means of that process or keeps any such product whether for disposal or otherwise.
(2) Subject to the following provisions of this section, a person (other than the proprietor of the patent) also infringes a patent for an invention if, while the patent is in force and without the consent of the proprietor, he supplies or offers to supply in the United Kingdom a person other than a licensee or other person entitled to work the invention with any of the means, relating to an essential element of the invention, for putting the invention into effect when he knows, or it is obvious to a reasonable person in the circumstances, that those means are suitable for putting, and are intended to put, the invention into effect in the United Kingdom.
(3) Subsection (2) above shall not apply to the supply or offer of a staple commercial product unless the supply or the offer is made for the purpose of inducing the person supplied or, as the case may be, the person to whom the offer is made to do an act which constitutes an infringement of the patent by virtue of subsection (1) above.


What relief is available (Section 61 & Section 65).

Innocence and partial Validity (Section 62 & Section 63).

Co-owners and exclusive licensee (Section 66 - Section 68).

Infringing acts that began before priority date (Section 64).

Acts that began after publication but before grant (Section 69)

Requesting declaration of non-infringement (Section 71.).

Contact us here to find out if we can help you.

motorbike engine
A Patent drawing for a motorbike engine

Exclusions?

An act which, apart from this subsection, would constitute an infringement of a patent for an invention shall not do so if—
(a) it is done privately and for purposes which are not commercial;
(b) it is done for experimental purposes relating to the subject-matter of the invention;
(c) it consists of the extemporaneous preparation in a pharmacy of a medicine for an individual in accordance with a prescription given by a registered medical or dental practitioner or consists of dealing with a medicine so prepared;
See here for other exclusions.

   
Patent drawing of a light

Actions we can undertake

Respond to threatening letters outlining your position, or if you are the Patent holder draft a cease and dessist letter.

Instruct a solicitor with details of the infringement.

Write to HM Revenue & Customs with details of a consignment containing suspected infringing goods, requesting them to detain the counterfeit goods.

Suggest licensing terms to an infringer or review the terms of a licence you have received from a rights holder or their representative.

Mediation.

Obtaining a court order on your behalf to

Contact us on 0161 820 2891 to find out how we can help you.