PA 110 – Unauthorised claim of patent rights

Question 1

what does S110 concern

Answer 1

unauthorised claims of patent rights

Question 2

what is the consequence of falsely claiming that a product is patented

Answer 2

S110(1)
A person making a false claim is liable for a fine of up to level 3 (£1000)

Question 3

What does a false claim of a patented product include

Answer 3

S110
(2) falsely labelling / marking the product as patented

Question 4

What does a false claim take account of

Answer 4

S110(3)
it allows for a reasonable period in which to respond to a lapse, expiry or revocation of a patent (e.g. sale of existing stock, or a change to marketing)

Question 5

What is a defence for making a unauthorised claim of having a patent right

Answer 5

S110(4)
A defence is the use of due diligence to avoid the claim