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A claimant for infringement may be awarded a range of remedies (under section 61), depending on the facts of the particular case. Damages may be awarded to rectify financial harm suffered, an injunction may be granted to prevent further action by the infringer, an account of profits may be ordered, an order for the delivery up or destruction of infringing items may be made or a declaration ...
Infringement under United Kingdom patent law is defined by Section 60 of the UK Patents Act 1977 (as amended), which sets out the following types of infringement: Where the invention is a product, by the making, disposing of, offering to dispose of, using, importing or keeping a patented product.
The earlier case of Catnic Components Ltd. v Hill & Smith Ltd., Lord Diplock had established the principle that patents were to be read in a "purposive" manner. The question to be answered in establishing infringement, as formulated by Lord Diplock, was a complex, multi-part enquiry.
Ireland appears to subscribe to a doctrine of equivalents. In Farbwerke Hoechst v Intercontinental Pharmaceuticals (Eire) Ltd (1968), a case involving a patent of a chemical process, the High Court found that the defendant had infringed the plaintiff's patent despite the fact that the defendant had substituted the starting material specified in the patent claim for another material.
The Court of Appeal of England and Wales overturned the ruling as it held that the "vertical" requirement was an exact and essential element of the patent. The Law Lords reversed the decision of the Court of Appeal, finding that there was an infringement, and affirmed the use of purposive construction in patent interpretation. [1]
The patent office generally has responsibility for the grant of patents, with infringement being the remit of national courts. The authority for patent statutes in different countries varies. In the UK, substantive patent law is contained in the Patents Act 1977 as amended. [73]
In United Kingdom patent law, a non-binding opinion is a statutory right under sections 74A and 74B of the Patents Act 1977, which allows for any member of the public to make an enquiry into the validity or infringement of a patent and provide for review of such opinions. Since 2005, a new system has allowed the process to be reworked using new ...
An Act to restate the law of copyright, with amendments; to make fresh provision as to the rights of performers and others in performances; to confer a design right in original designs; to amend the Registered Designs Act 1949; to make provision with respect to patent agents and trade mark agents; to confer patents and designs jurisdiction on ...