Q&As

What is the practical procedure for applying for a declaration of non-infringement of a patent under section 71 of the Patents Act 1977?

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Published on LexisPSL on 22/01/2021

The following IP Q&A provides comprehensive and up to date legal information covering:

  • What is the practical procedure for applying for a declaration of non-infringement of a patent under section 71 of the Patents Act 1977?

The potential infringer of a patent may apply for a declaration of non-infringement 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. See Practice Notes: Patent infringement—remedies in particular at section ‘Declaration of non-infringement’ and Negative Declarations.

For further background information, see Commentary: Declarations of non-infringement: Modern Law of Patents [8.157]–[8.181].

In relation to the procedure for applying for a declaration of non-infringement of a patent, see Commentary: Procedure before the court: Modern Law of Patents [8.169] which states as fol

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