The following IP guidance note Produced in partnership with Selina Badiani and Andy Bowler of Bristows LLP provides comprehensive and up to date legal information covering:
On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies (except to the limited extent agreed), but it continues to be subject to EU law and must submit to the continuing jurisdiction of the Court of Justice of the EU in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—Life Sciences and News Analysis: Brexit Bulletin—key updates, research tips and resources.
Patent systems are intended to foster innovation, not to impede it. For this reason, the patent laws of many jurisdictions contain exemptions to infringement for experimental use of patented inventions.
This Practice Note examines the two principal research exemptions to patent infringement available under UK law, namely, the general experimental use exemption and the specific ‘Bolar-type’ exemption, including how they have developed in recent years and how they may continue to do so in the future.
Patent infringement is governed by section 60 of the Patents Act 1977 (PA 1977). PA 1977, s 60(1) sets out the acts of direct infringement. It provides:
‘Subject to the
‘Subject to the
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.