The experimental use and Bolar-type exemptions to patent infringement

Produced in partnership with Charlie French of Bristows and Milly Wickson of Bristows

Practice notes

The experimental use and Bolar-type exemptions to patent infringement

Produced in partnership with Charlie French of Bristows and Milly Wickson of Bristows

Practice notes

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. It also discusses the supplementary protection certificate (SPC) manufacturing waiver which provides an exception to infringement of SPCs (SPCs extend the patent protection for certain medicinal products).

Following Brexit, the body of EU-derived laws has been preserved and converted into UK domestic law with effect on IP completion day (11 pm on 31 December 2020). Relevant Assimilated EU law and Brexit SIs are discussed in the Bolar-type exemption and SPC manufacturing waiver sections below.

Assimilated law is the name given to retained EU law (‘REUL’) which remains

Access this content for free with a 7 day trial of LexisNexis and benefit from:

Instant clarification on points of law
Smart search
Workflow tools
42 practice areas

Would you also like a quote?

I confirm I am a lawyer or work in a legal capacity, intend to use LexisNexis products for business purposes and agree with the terms and conditions.^**

^**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. 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.

Charlie French

Solicitor, Senior Associate, Bristows

Charlie specialises in contentious intellectual property matters. She has a particular interest in patent litigation in the pharmaceutical and biotechnology sectors, where her background in biochemistry gives her an excellent understanding of the technical issues that arise. She has also advised on the enforcement of plant variety rights, including customs seizures.

Charlie has extensive experience representing clients in complex litigation before the Patents Court (High Court) and Court of Appeal, as well as assisting parties in relation to arbitral disputes. She also works closely with lawyers, patent attorneys and regulatory advisors in multiple jurisdictions to coordinate global patent litigation strategies and life-cycle management for pharmaceutical and biotechnology products.

Within the life sciences sector, Charlie has advised on disputes relating to small molecule pharmaceuticals, antibodies and antibody engineering technology, gene cloning and cell-based expression systems, drug delivery systems, formulations and dosage regimens. Charlie has also assisted clients in relation to disputes in the fields of shipping, software development and agriculture.

Milly Wickson

Solicitor, Bristows

Milly joined Bristows as a trainee solicitor in August 2019. She completed training in September 2021 and qualified into the patent litigation team.

Milly has experience working across both the life sciences and technology sectors. Recent work includes UK litigation of telecommunications patents, supporting oppositions at the European Patent Office and giving freedom to operate advice.

During her training, Milly also worked in the brands, designs and copyright team, and was involved in UK trade mark litigation. Milly also has commercial experience and spent three months on secondment to a leading pharmaceuticals company.

Jurisdiction(s):

United Kingdom

Key definition:

Patent definition

What does Patent mean?

Patents protect inventions. A grant of patent runs for a term of 20 years provided the periodic renewal fees are paid. Patents are granted by the UK intellectual property Office (UK ipo) for which the inventor or legal owner of the invention can apply.

The experimental use and Bolar-type exemptions to patent infringement

Produced in partnership with Charlie French of Bristows and Milly Wickson of Bristows