Patents Act 1977 (c. 37)

Part I U.K. New Domestic Law

Infringement U.K.

[F1 70 Threats of infringement proceedings U.K.

(1) A communication contains a “threat of infringement proceedings” if a reasonable person in the position of a recipient would understand from the communication that—

(a) a patent exists, and

(b) a person intends to bring proceedings (whether in a court in the United Kingdom or elsewhere) against another person for infringement of the patent by—

(i) an act done in the United Kingdom, or

(ii) an act which, if done, would be done in the United Kingdom.

(2) References in this section and in section 70C to a “recipient” include, in the case of a communication directed to the public or a section of the public, references to a person to whom the communication is directed.]

Textual Amendments

F1 Ss. 70-70F substituted for s. 70 (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 1(2), 8; S.I. 2017/771, reg. 2(1)(a) (with reg. 3)