Patent disputes

Patent disputes guidance:

This Practice Note examines the likely impact of Brexit on IP rights. It deals with key issues that may affect the owners of trade marks, design rights, copyright and...

Practice Note

Claim No. [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [pATENTS COURT OR...

Precedents

Claim No: [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [Patents Court OR...

Precedents

Introduction to infringement A patent owner has to prove two elements against someone before it can secure an infringement finding (and then an injunction, damages, etc)...

Practice Note

Background The Intellectual Property Enterprise Court ( IPEC ) is a specialist list of the Intellectual Property List (Chancery Division) which is intended to provide...

Practice Note

Introduction to the Intellectual Property Enterprise Court The Intellectual Property Enterprise Court ( IPEC ) is a specialist list of the Intellectual Property List...

Practice Note

Patents may be revoked, that is, taken off the register of patents, if it is decided that they are invalid in some respect. The effect of revocation is that the patent is...

Practice Note

This key issues Practice Note aims to provide a checklist of practical matters to consider before starting patent infringement litigation in the English courts. What is...

Practice Note

Letter of claim—patent infringement [Alleged infringer’s name and address] [Date] Dear [insert organisation name] [Insert patent number and title of patent] We are...

Precedents

This Practice Note focuses on standard-essential patents (SEPs) from the patent litigator’s perspective. It does not seek to provide a detailed analysis of the...

Practice Note

CLAIM No: [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [pATENTS cOURT OR...

Precedents

CLAIM No: [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [Patents Court OR...

Precedents

There are several different ways to amend a patent, at various stages of its life, and depending on whether the application for the patent originated in the UK...

Practice Note

In order to establish that an unauthorised use or dealing in a product or process amounts to infringement of a patent it is necessary to prove that: • a prohibited...

Practice Note

There are various acts which would otherwise constitute infringement of a patent under the Patents Act 1977 (PA 1977) that are permitted under other parts of PA 1977,...

Practice Note

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation...

Practice Note

What is a patent A ‘patent’ is a document conferring so-called monopoly rights to an inventor. A patent protects new inventions and may cover aspects such as how things...

Practice Note

Obviousness General principles on obviousness In order to obtain and keep a patent, it is not enough that the invention is new because no-one else had done it before. It...

Practice Note

A ‘patent’ is a document conferring so-called monopoly rights to an inventor following a formal application and registration procedure. A patent protects new inventions...

Practice Note

What is a patent? A ‘patent’ is a document conferring so-called monopoly rights to an inventor following a formal application and registration procedure. A patent...

Practice Note

Why ownership of IP is important A single creation can result in a number of different intellectual property (IP) rights but the owner of each right may be different and...

Practice Note

This training presentation provides a general introduction to how inventions can be protected. It focuses on patent protection but also introduces the concept of trade...

Precedents

Claim No.: [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [pATENTS COURT OR...

Precedents

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...

Practice Note

Introduction Patent litigation is recognised as being time consuming and often costly. The statutory threats provisions attempt to minimise the disruption...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the law of unjustified threats of patent infringement prior to its...

Practice Note

This timeline is intended to track the progress towards the implementation of the Unified Patent Court (UPC). Introduction In December 2012, an agreement was reached on...

Practice Note

STOP PRESS: the UK Government has verbally confirmed that it will not be seeking involvement in the unitary patent/UPC system. This Practice Note is being updated. For...

Practice Note

STOP PRESS: the UK Government has verbally confirmed that it will not be seeking involvement in the unitary patent/UPC system. This Practice Note is being updated. For...

Practice Note

This Practice Note summarises the application and purpose of the law of unjustified threats in the UK. Anyone writing or sending a letter or other communication alleging,...

Practice Note