Exceptions To Patent Infringement Discussed
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6 February 2011
There are many shields available to
deflect the sward of patent infringement. That is, private, prior and
experimental use of a patent.
Private use - where
the defendant is using the patent for non-commercial purposes, within
SFK -v- Evans and section 60(5)(a) of the Patents Act 1977 ("PA").
Experimental use - by
section 60(5)(b) one may use a patent for experimental use. If using a
patent for experimental use one should be sure to have the motive of
experimentation and not for example to gather information from a rival.
See for example Monsanto Co -v- Stauffer Chemical Co
and SFK -v- Evans.
Prior use - whilst a
shield can also act as a sward directly against the validity of the
patent at issue, which could result in the patent being rendered
invalid. The primary effect of the prior use doctrine is to deflect an
action for patent infringement where it can be shown that the defendant
used the patent prior to its priority date and after where such use is
By Paul Bicknell. Paul
is a trainee specialising in intellectual property litigation. Paul can
be contracted via firstname.lastname@example.org
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2011-02-10 14:12:46 in Legal Articles