In the first of a four-part series, Sophie Topham of Marks & Clerk explores how experimental use provides life sciences products with essential relief from patent infringement
Section 60(1) of the Patents Act 1977 (UKPA) provides that use in the UK of a product or process falling within the scope of the claims of a granted patent, without the consent of the proprietor, is an infringement of those claims. However, Section 60 also provides that in certain circumstances, including, and of particular relevance to the life sciences sector, experimental uses of the invention—permitted acts that would otherwise constitute an infringement.
There are in fact three categories of experimental use exemptions from infringement, and we discuss each of these in a series of four articles. In this article, we address the original experimental use exemption provided under Section 60(5)(b) of the UK Patents Act (UKPA) 1977.
Original experimental use exemption
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