- Latest available (Revised)
- Point in Time (06/04/2005)
- Original (As enacted)
Version Superseded: 01/10/2017
Point in time view as at 06/04/2005. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Patents Act 1977, Section 70 is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Where a person (whether or not the proprietor of, or entitled to any right in, a patent) by circulars, advertisements or otherwise threatens another person with proceedings for any infringement of a patent, a person aggrieved by the threats (whether or not he is the person to whom the threats are made) may, subject to subsection (4) below, bring proceedings in the court against the person making the threats, claiming any relief mentioned in subsection (3) below.
[F1(2)In any such proceedings the claimant or pursuer shall, subject to subsection (2A) below, be entitled to the relief claimed if he proves that the threats were so made and satisfies the court that he is a person aggrieved by them.
(2A)If the defendant or defender proves that the acts in respect of which proceedings were threatened constitute or, if done, would constitute an infringement of a patent—
(a)the claimant or pursuer shall be entitled to the relief claimed only if he shows that the patent alleged to be infringed is invalid in a relevant respect;
(b)even if the claimant or pursuer does show that the patent is invalid in a relevant respect, he shall not be entitled to the relief claimed if the defendant or defender proves that at the time of making the threats he did not know, and had no reason to suspect, that the patent was invalid in that respect.]
(3)The said relief is—
(a)a declaration or declarator to the effect that the threats are unjustifiable;
(b)an injunction or interdict against the continuance of the threats; and
(c)damages in respect of any loss which the [F2claimant] or pursuer has sustained by the threats.
[F3(4)Proceedings may not be brought under this section for—
(a)a threat to bring proceedings for an infringement alleged to consist of making or importing a product for disposal or of using a process, or
(b)a threat, made to a person who has made or imported a product for disposal or used a process, to bring proceedings for an infringement alleged to consist of doing anything else in relation to that product or process.]
[F4(5)For the purposes of this section a person does not threaten another person with proceedings for infringement of a patent if he merely—
(a)provides factual information about the patent,
(b)makes enquiries of the other person for the sole purpose of discovering whether, or by whom, the patent has been infringed as mentioned in subsection (4)(a) above, or
(c)makes an assertion about the patent for the purpose of any enquiries so made.]
[F5(6)In proceedings under this section for threats made by one person (A) to another (B) in respect of an alleged infringement of a patent for an invention, it shall be a defence for A to prove that he used his best endeavours, without success, to discover—
(a)where the invention is a product, the identity of the person (if any) who made or (in the case of an imported product) imported it for disposal;
(b)where the invention is a process and the alleged infringement consists of offering it for use, the identity of a person who used the process;
(c)where the invention is a process and the alleged infringement is an act falling within section 60(1)(c) above, the identity of the person who used the process to produce the product in question;
and that he notified B accordingly, before or at the time of making the threats, identifying the endeavours used.]
Textual Amendments
F1S. 70(2)(2A) substituted for s. 70(2) (1.1.2005) by Patents Act 2004 (c. 16), ss. 12(2), 17(1); S.I. 2004/3205, art. 2(d) (with art. 9)
F2Word in s. 70(3)(c) substituted (1.1.2005) by Patents Act 2004 (c. 16), s. 17(1), Sch. 2 para. 17; S.I. 2004/3205, art. 2(k) (with art. 9)
F3S. 70(4) substituted (1.1.2005) by Patents Act 2004 (c. 16), ss. 12(3), 17(1); S.I. 2004/3205, art. 2(d) (with art. 9)
F4S. 70(5) substituted (1.1.2005) by Patents Act 2004 (c. 16), ss. 12(4), 17(1); S.I. 2004/3205, art. 2(d) (with art. 9)
F5S. 70(6) inserted (1.1.2005) by Patents Act 2004 (c. 16), ss. 12(5), 17(1); S.I. 2004/3205, art. 2(d) (with art. 9)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: