This Practice Note discusses direct, indirect and contributory infringement of patents. It sets out how the Patents Act 1977 (PA 1977) defines prohibited (ie infringing) acts, such as making a product or using a process, and explains how the courts decide whether that product or process falls within the scope of the patent. This Practice Note also addresses key matters relevant to patent infringement proceedings, such as who can sue, when to sue and the burden of proof.
Introduction to patent infringement
In order to establish infringement of a patent it is necessary to prove that there has been a prohibited (ie infringing) act committed in relation to a product or process which falls within the scope of the patent. These elements of patent infringement are discussed in Infringing acts and How the courts decide whether a product or process falls within the scope of a patent below.
It is important to be aware that there are also certain permitted, non-infringing acts (such as those done for private, non-commercial, or experimental purposes) and statutory defences to patent infringement. These are
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