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UK IPO Opinion on Infringement and Validity

Written by Ben Evans on 11 February 2011

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This brief note looks at IPO opinions on patent infringement and validity.

Where there are allegations of patent infringement and / or invalidity a party may appl to the UK IPO in order to obtain an opinion as to whether (s 74A(1)):

a) a particular act constitutes (or if it was done then would constitute) patent infringement, and / or;

b) that the invention in question is not patentable due to a lack of novelty or absence of an inventive step.

An IPO opinion is not binding on any party (s 74A(4)) however the aim is that the opinion is to be used to assist a party (or parties) to assess the merits of action, the likely costs of infringement and /or to negotiate a settlement.

Either a patentee or the exclusive licensee of the patent may apply to the IPO for a review of an opinion (s 74B).

If you'd like to know more about this article please send an email to Unknown quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

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