patent infringement

patent infringement
Under the Patents Act 1977, where the patented invention is a product, it is infringed if the infringer, without the patentee's permission, makes, disposes of, offers to dispose of, uses or commercialises products embodying the invention in the UK. As to processes, infringement includes using the process or offering the process for use. It is also (secondary) infringement to knowingly supply or offer information related to an essential element of the invention to others. Exceptions to infringement include where the law considers that an implied licence has been granted, exhaustion of rights or non-commercial use. In addition the defendant may claim the infringement was innocent - viz he was unaware and should not reasonably have been aware that he was infringing the holder's rights. In this instance the plaintiff may be unable to claim compensation for the breach.

Easyform Glossary of Law Terms. — UK law terms.


patent infringement
See: infringement (of utility patent)
Category: Patent, Copyright & Trademark → Patent Law

Nolo’s Plain-English Law Dictionary. . 2009.

patent infringement
n.
   the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. The infringing party will be liable to the owner of the patent for all profits made from the use of the invention, as well as any harm which can be shown by the inventor, whether the infringement was intentional or not.
   See also: infringement, patent

Law dictionary. . 2013.

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