The experimental use and Bolar-type exemptions to patent infringement
Produced in partnership with Selina Badiani of Bristows and Andrew Bowler of Bristows
The experimental use and Bolar-type exemptions to patent infringement

The following Life Sciences practice note produced in partnership with Selina Badiani of Bristows and Andrew Bowler of Bristows provides comprehensive and up to date legal information covering:

  • The experimental use and Bolar-type exemptions to patent infringement
  • The UK statutory framework
  • Infringement
  • Exemptions from infringement
  • Experimental use exemption
  • Application to medicinal products
  • The Bolar-type exemption
  • The UK’s narrow implementation of the EU Bolar-type exemption
  • SPC manufacturing waiver
  • Practical considerations
  • 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 Life Sciences?

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

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