Patent infringement—remedies
Patent infringement—remedies

The following IP guidance note provides comprehensive and up to date legal information covering:

  • Patent infringement—remedies
  • Introduction to patent infringement proceedings
  • Remedies for patent infringement
  • IP Enforcement Directive
  • Injunctions
  • Damages
  • Account of profits
  • Order for delivery up
  • Certificate of contested validity
  • Declaration of non-infringement
  • more

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—IP rights.

Introduction to patent infringement proceedings

A patent owner (or its exclusive licensee) may bring civil proceedings for patent infringement. Alternatively, the potential infringer of a patent may apply for a declaration of non-infringement (DNI) in order to obtain legal certainty as to whether an act it is already doing or an act it is proposing to do (eg making, using or selling a product or using a process) will infringe the patent concerned. If a DNI is granted this will 'clear the way' onto the market. The courts encourage parties, eg pharmaceutical companies getting ready to launch a generic product at the end of a patent's life, to 'clear the way', which can be achieved by either obtaining a DNI or getting the ‘blocking’ patent revoked.

If an infringement action does not settle there will be a trial to decide on infringement (the liability trial) and, if the court decides that there has been an infringement (ie the product or process infringes the patent in