The following IP practice note provides comprehensive and up to date legal information covering:
A ‘patent’ is a document conferring so-called monopoly rights to an inventor. A patent protects new inventions and may cover aspects such as how things work, what they are made of and how they are made.
A UK patent or European patent designating the UK (EP(UK)) is infringed by doing certain acts in the UK without the consent of the patent owner (the patentee). The infringing acts are set out in section 60 of the Patents Act 1977 (PA 1977) and include making, using and importing a patented product or process. For more information about patent infringement, see Practice Notes: Patent infringement and Indirect infringement of patents.
This Practice Note discusses:
the statutory exceptions to patent infringement set out in PA 1977, including:
‘permitted acts’ such as private use and experimental use, and
the right to continue non-infringing use (third-party rights)
defences to patent infringement, including:
consent of the patentee
exhaustion of rights
pseudo defences such as the Gillette defence and abuse of dominant position
partial defences (or restrictions of remedies), and
PA 1977 provides for a number of statutory exceptions to patent infringement, namely various permitted acts and the right to continue non-infringing use.
Certain acts are permitted by PA 1977 notwithstanding that these acts would otherwise infringe a patent. The permitted acts under PA
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