UK experimental use exemptions: Part 3—the expanded exemption

In the third article of a four-part series on experimental use exemptions from infringement in the UK, Sophie Topham of Marks & Clerk considers the expansion of the original exemption.

In the third article of a four-part series on experimental use exemptions from infringement in the UK, we consider the expansion of the original experimental use exemption (Section 60(5)(b) UK Patents Act [UKPA] 1977) introduced by the Legislative Reform (Patents) Order 2014/1997.

Expanded experimental use exemption

Sections 60(6D)-(6G) UKPA 1977 were added to the UKPA in order to expand upon the original exemption provided by Section 60(5)(b) to broadly cover acts undertaken for the purpose of a “medicinal product assessment”. The new provisions came into force in October 2014.

S.60(6D)