ABSTRACT
Once a patent has been granted, the patentee enjoys a piece of property. This property can both be exploited (see 3.6) and be protected from trespass by the unauthorised. This trespass is termed ‘infringement’. For trespass to be determined, the boundaries of the patentee’s property must be marked out. This is done both by the claims, which define the invention, and by the infringing acts which are defined in s 60 of the Patents Act (PA) 1977. Consequently, when allegations of infringement arise, there are two issues which must be resolved:
(a) whether the activities of the alleged infringer fall within the boundaries of the patentee’s claim or claims. This is a matter of construing the claims and specification to determine their extent;
(b) whether the acts committed by the infringer fall within the prohibited territory defined in s 60 of the PA 1977.
