Whether an infringement has been committed requires consideration of two questions: is there an infringement in law, and is there an infringement in fact? The defendant’s activity has to be something that the law says is an infringing act, and it must be within the scope of the monopoly conferred on the patentee. This lecture looks at the criteria for establishing whether a patent has been infringed, considering the provisions of s.60 of the Patents Act 1977 and the courts’ approach to interpreting patent claims. Finally it describes the defences available in an infringement action.
Duration: 40 minutes (approx)
Lecturer: Peter Groves
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