Patent disputes

This document provides an overview of the Practice Notes, Precedents and Flowcharts contained in the Patent disputes subtopic. For information about the contents of the Patent transactions and management subtopic, see: Patent transactions and management—overview.

Multi-jurisdictional patent litigation

In today’s global economy, patent proprietors may find it necessary or desirable to enforce their patent rights in multiple countries. There are many things to consider when developing and implementing a global patent litigation strategy, including identifying countries of interest, potential defendants, and relevant patents, and then assessing the legal framework in each country of interest in light of the patent proprietor’s overall litigation goals.

For more information about the strategy considerations involved in multi-jurisdictional patent litigation, see Practice Note: Multi-jurisdictional patent litigation—strategy.

Patent infringement

How to prove patent infringement

For a claim of patent infringement to be successful, a patentee must prove two main things:

  1. that the commercial acts done by the alleged infringer, for example, making, selling, or importing a product, have been performed in the UK

  2. that the products or processes dealt with by the infringer correspond to the technical ambit of the activities

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