Airways and stored there in their bonded warehouse to the order of the first defendant. The plaintiff alleged that under s 60(1) of the Patents Act 1977, British Airways thereby infringed the patent: they kept the product ‘whether for disposal or otherwise’. It was argued on the plaintiff’s behalf that this expression was deliberately meant to be wider than the equivalent provisions in the Community Patent Convention. The judge said:

doi:10.4324/9781843142928-47

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Airways and stored there in their bonded warehouse to the order of the first defendant. The plaintiff alleged that under s 60(1) of the Patents Act 1977, British Airways thereby infringed the patent: they kept the product ‘whether for disposal or otherwise’. It was argued on the plaintiff’s behalf that this expression was deliberately meant to be wider than the equivalent provisions in the Community Patent Convention. The judge said:

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ABSTRACT

A community patent shall confer on its proprietor the right to prevent all third parties not having his consent: (a) from making, offering, putting on the market, or using a product which is the subject-matter of the patent, or importing or stocking the product for these purposes; (b) from using a process which is the subject-matter of the patent or when the third party knows or it is obvious in the circumstances that the use of the process is prohibited without the consent of the proprietor of the patent, from offering the process for use within the territories of the Contracting States; and (c) from offering, putting on the market, using, importing or stocking for these purposes the product obtained directly by a process which is the subject-matter of the patent.