Patent infringement is a statutory tort and the steps that make up the tort are set out in segment 60 of the Patents Act 1977.
An infringement action can be brought by either the patent proprietor or alternatively an exceptional licensee of the patent.
To ascertain regardless of whether there has been infringement, it is essential to look at:
1. The scope of the creation which is protected by the patent (or patent application).
2. No matter if the things to do of the possible infringer in relation to the creation fall in sections 60(1) or (2) of the PA 1977.
3. No matter whether any statutory exceptions or other defences are readily available.
There are two kinds of infringement:
1. Immediate infringement, indicating functions completed immediately in relation to patented products or processes (segment 60(1), PA 1977). It addresses functions in the British isles relating to: (I) Patented products (ii) Use of patented procedures (iii) Presenting patented procedures for use and (iv) Goods attained immediately by patented procedures.
Wherever the patented creation is a solution, a person infringes the patent (Area 60(1)(a), PA 1977) the place they possibly: (I) Make the products (ii) Dispose of the solution (iii) Offer you to dispose of the merchandise (iv) Use the product or service (v) Import the products or (vi) Maintain the products (whether or not for disposal or usually).
2. Indirect Infringement, this means acts completed indirectly in relation to patented goods or procedures. A man or woman indirectly infringes a patent (Section 60(2), PA 1977) where all of the pursuing utilize:
a. He materials or delivers to supply in the British isles a man or woman with any of the usually means relating to an important ingredient of the patented creation for putting the invention into effect.
b. Both he is familiar with or it will have to be obvious to a fair man or woman in the instances that the means are acceptable for placing, and are meant to place, the creation into effect in the Uk.
c. The individual equipped or to whom the give is designed is not a licensee or yet another human being entitled to operate the invention.
Portion 60(5) of the PA 1977 sets out a selection of exceptions to infringement below sections 60(1) and (2) of the PA 1977.
In addition to the exceptions to infringement it is also feasible to protect a patent infringement claim by complicated the validity of the patent/ patent registration on the grounds that:
1. The invention does not satisfy the statutory standards relevant for patent registration
2. There is prior artwork and the invention was not novel at the time of registration and hence ought to not have been granted in the to start with area.
Alternatively it is also doable to defend a patent infringement claim by undertaking a complex investigation of the patent specification of the patent and proving that your product falls exterior the ambit of the patent specification.