This chapter explores the infringement of patents. In the United Kingdom, s. 60 of the Patents Act is the key provision on direct patent infringement. The patentee will have to show two things: first, that one or more infringing acts have been committed within the United Kingdom, and second, that the defendant's conduct falls within the scope of protection afforded to the patent, i.e. within the literal or purposive meaning of the claims. By way of response, the defendant to a patent infringement action can raise a number of different arguments. It can deny that the claimant has established the elements of the infringement action by showing that no infringing conduct has been committed, or even if it has, that the defendant's product or process is not within the meaning of the claims. The Patents Act defines infringing conduct in s. 60. One critical aspect is that it must involve some sort of commercial activity.
Chapter
18. Infringement of patents
Chapter
17. Patentability
This chapter addresses the criteria for patentability; in other words, the rules patent examiners and courts use to decide if a patent is valid or not. These criteria are also useful in the context of an infringement action, because a defendant may make a counter-claim to revoke the claimant's patent for invalidity on the basis of one of the criteria. The patentability of an invention is defined by Articles 52–57 of the European Patent Convention. The criteria comprise five core elements: three positive and two negative. In terms of the positive requirements, for an invention to be patentable, it must possess novelty; inventive step; sufficiency and support; and industrial applicability. Regarding the negative criteria, the invention must not consist of excluded subject matter, and it must not fall afoul of any of the exceptions to patentability.
Book
Abbe Brown, Smita Kheria, Jane Cornwell, and Marta Iljadica
Contemporary Intellectual Property: Law and Policy, sixth edition, offers a unique perspective on intellectual property (IP) law, unrivalled amongst IP textbooks. An accessible introduction to IP law, it provides not only a comprehensive account of the substantive law, but also discusses the overarching policies directing the legal decision-making, as well as areas for further debate. Intellectual property law is an increasingly global subject, and the book introduces the relevant European and international dimensions—along with the implications of Brexit—to present a realistic view of the law as it actually operates. It explores IP law as an organic discipline, evaluating the success with which it has responded to new challenges. Images and diagrams, with analysis of key cases and key extracts, are all incorporated alongside the author commentary to clearly illustrate the core principles in IP law. Exercise, questions, and discussion points are provided to help the reader to engage with the material, and additional material is provided in the Online Resources. Beyond providing an up-to-date account of IP law, the text examines the complex policies that inform modern IP law at the UK, European, and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to IP law and policy, and the reader is encouraged to engage critically with the text and the subject matter. The book has been carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable way.
