The Experimental-Use Defence to Patent Infringement: A Comparative Assessment

2006 ◽  
Vol 56 (4) ◽  
pp. 333-369
Author(s):  
Norman Siebrasse ◽  
Keith Charles Culver
Keyword(s):  
Comparative Assessment ◽  
Patent Infringement ◽  
Experimental Use

13. Patents III

2017 ◽  
Author(s):  
Tanya Aplin ◽  
Jennifer Davis
Keyword(s):  
Patent Infringement ◽  
Prior Use ◽  
Stage Process ◽  
Priority Date ◽  
The Right ◽  
Experimental Use ◽  
Academic Debate

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, identify the infringing acts that the defendant is alleged to have carried out. Third, consider the applicability of exceptions to infringement. 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.

Experimental Use, Patent Infringement

2005 ◽  
Vol 1 (4) ◽  
pp. 633-641
Author(s):  
Wolfgang Meibom ◽  
Johann Pitz
Keyword(s):  
Patent Infringement ◽  
Experimental Use
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