Patent infringement under United Kingdom law

Patent infringement under United Kingdom law

In the United Kingdom, a patent provides its proprietor with the right to exclude others from utilizing the invention claimed in that patent. Should a person utilize that invention, without the permission of the patent proprietor, they may infringe that patent.


Infringement under United Kingdom patent law is defined by Section 60 of the UK Patents Act 1977 (as amended), which sets out the different types of infringement.


* Where the invention is a product, by the Making, Disposing of, Offering to dispose of, Using, Importing or Keeping a patented product.
* Where the invention is a process, by the use, or offer for use where it is known that the use of the process would be an infringement. Also, by the disposal of, offer to dispose of, use or import of a product obtained directly by means of that process, or the keeping of any such product whether for disposal or otherwise.
* By the supply, or offer to supply, in the United Kingdom, a person not entitled to work the invention, with any of the means, relating to an essential element of the invention, for putting the invention into effect, when it is known (or it is reasonable to expect such knowledge) that those means are suitable for putting, and are intended to put, the invention into effect in the United Kingdom.

An action for infringement can only be brought after grant of the patent, but damages can be recovered under Section 69 for infringing acts conducted after publication of the application, but before grant, provided those acts infringe the claims both as published and as granted, and provided the defendant can be shown to have been aware of the existence of the patent (or patent application). The protection conferred by publication of the application is known as "provisional protection". Publication of European applications and Patent Cooperation Treaty (PCT) applications confers provisional protection in the same manner, provided the application is published in English.


A claimant for infringement may be awarded a range of remedies (under section 61), depending on the facts of the particular case. Damages may be awarded to rectify financial harm suffered, an injunction may be granted to prevent further action by the infringer, an account of profits may be ordered, an order for the delivery up or destruction of infringing items may be made or a declaration that the patent is valid and infringed may be granted to the patentee. Both damages and an account of profits may not be ordered in respect of the same infringement. [ The Patents Act 1977 (as amended), section 61(2) ] Limitations on damages or costs may apply under certain circumstances, for example if the defendant was unaware of the patent's existence [ The Patents Act 1977 (as amended), section 62 ] or where the patent was subject to a transaction that was not registered at the Patent Office within 6 months [ The Patents Act 1977 (as amended), section 68 ] .


See also

"See List of patent legal concepts for articles on various legal aspects of patents, including special types of patents and patent applications."

* Anton Piller order (common procedure in certain countries to obtain proofs of infringement)
* Cease and desist order
* Industrial espionage
* Inequitable conduct
* Patent retaliation (clause)
* Patent troll
* Patent prosecution
* Software hoarding

* Copyright infringement
* Trademark infringement

External links

* [ Patent law] on the UK Intellectual Property Office (UKIPO) web site

Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

  • Patent infringement — Patent law (patents for inventions) …   Wikipedia

  • Software patents under United Kingdom patent law — There are four over riding requirements for a patent to be granted under United Kingdom patent law. Firstly, there must have been an invention. That invention must be novel, inventive and susceptible of industrial application. (See Patentability) …   Wikipedia

  • United Kingdom competition law — Competition law by country G 20 major economies Australia · Canada · China Japan · Russia · United Kingdom United States · European Union …   Wikipedia

  • Competition law in the United Kingdom — United Kingdom competition law is affected by both British and European elements. The Competition Act 1998 and the Enterprise Act 2002 are the most important statutes for cases with a purely national dimension. However if the effect of a business …   Wikipedia

  • Copyright law of the United Kingdom — The modern concept of copyright originated in the United Kingdom, in the year 1710, with the Statute of Anne. The current copyright law of the United Kingdom is to be found in the Copyright, Designs and Patents Act 1988 (the 1988 Act), as amended …   Wikipedia

  • Patent attorney — A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition. The term… …   Wikipedia

  • Patent — A patent is a set of exclusive rights granted by a state to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an invention.The procedure for granting patents, the requirements placed on the patentee and the… …   Wikipedia

  • Patent application — A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. An application consists of a description of the invention (the patent specification ), together… …   Wikipedia

  • Software patent — Computer programs, software and patent law Topics …   Wikipedia

  • Glossary of patent legal concepts — Patent law (patents for inventions) …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”