p. 79713. Patents III: Infringement, Exceptions, and Entitlement
- Tanya AplinTanya AplinProfessor of Intellectual Property Law, School of Law, King's College, London
- and Jennifer DavisJennifer DavisFellow of Wolfson College, Cambridge
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses patent infringement, exceptions to infringement, and entitlement. Assessment of whether a patent has been infringed involves a three-stage process. First, the patent claims must be construed to see whether the defendant’s activities fall within the scope of the monopoly. Second, the infringing acts that the defendant is alleged to have carried out must be identified. Third, the applicability of exceptions to infringement must be considered. The chapter then focuses on three key exceptions to infringement within the Patents Act 1977: acts done for experimental purposes (‘experimental use’); acts done for private and non-commercial purposes (‘private use’); and the right to continue use begun before the priority date (‘prior use’). Finally, it considers persons entitled to the grant of a patent, including the role of artificial intelligence in inventorship.