Patent infringement—remedies
Patent infringement—remedies

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

  • Patent infringement—remedies
  • Introduction to patent infringement proceedings
  • Remedies for patent infringement
  • Electing between damages and an account of profits
  • IP Enforcement Directive
  • Injunctions
  • Exercise of discretion and public interest considerations in the life sciences sector
  • Form of injunction order
  • Interim and final injunctions
  • Interim injunctions
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?

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.

Popular documents