Patent Infringement Action - Stages 3 and 4
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19 May 2011
Stage 3 - Defences to a Patent
During a Patent Infringement Action the infringer will certainly want
to defend your claim and some of the defences the infringing party may
rely on are as follows:
Patent has expired
In order to keep your patent you have to renew it on the 4th year of
the filing date and you must renew it every year after that. You can
renew for up to a maximum of 20 years. Therefore if the other party
shows that the period of patent protection has expired, this may be
used as a defence because there is not protection in place.
One of the most common defences of a patent dispute is to show that the
patent is invalid and to claim that the patent should be revoked. If
the court rules that the patent is valid, to avoid claims of invalidity
and revocation a certificate of contested validity is available to the
patentee for use if problems arise in the future.
Limited scope of patent claims
Even if the patent is valid if a person shows that the patent claims do
not cover the alleged infringement; that in itself is a defence.
Private, non-commercial use
According to section 60(5) (a) it is a defence to show that the
invention was used privately and for non-commercial purposes.
According to section 60(5) (b), it is a defence to show that the
invention was used for experimental purposes.
According to section 62(1) if the defendant can show that (a) he did
not know and (b) had no reasonable grounds for supposing…that the
relevant patent existed.
Stage 4 - Remedies
The remedies for patent infringement include the following:
*Delivery or an account to profit
*Delivery up or destruction of an infringing product
*A declaration that the patent is valid.
If you think a patent has been infringed or have been accused of
infringing a patent you should seek legal advice immediately.
Aneela Akbar is a legal assistant to Izaz Ali
(email@example.com). Izaz is a commercial solicitor who specialises
in information technology law and intellectual property law with an
emphasis on IT, escrow, online and off-line contracts and the buying
and selling of online businesses.
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 2011-06-02 12:11:27 in Legal Articles