The validity of a patent1 may only2 be put in issue3:
(1) by way of defence in infringement proceedings4 or proceedings5 for infringement of rights conferred by the publication of an application6;
(2) in proceedings7 in respect of an actionable threat8;
(3) in proceedings in which a declaration of non-infringement9 is sought10;
(4) in revocation proceedings11 before the court12 or the comptroller13;
(5) in proceedings14 on a dispute as to Crown use15.
No determination may, however, be made in any such proceedings on the validity of a patent which any person puts in issue on the ground of lack of
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