PA 111 – Unauthorised claim that patent has been applied for

Question 1

What does S111 concern

Answer 1

Unauthorised claims that a patent has been applied for

Question 2

When is a person liable for claiming a product has a patent application

Answer 2

S111(1) for a product that he SELLS he is liable if:
a) it does not have such a patent
b) the patent application has been refused or withdrawn

Question 3

how long do you have after an application has been refused or withdrawn to avoid making an unauthorised claim

Answer 3

S111(2)
there is a reasonable period in which to clear or update any stock/literature that make such claims

Question 4

What counts as an unauthorised claim that a patent application exists

Answer 4

S111(3)
the claim can include simply labelling/marking the product as patent pending

Question 5

Is there any defence for making an unauthorised claim that a product has a patent application

Answer 5

S111(4)
A defence is the use of due diligence to avoid the claim

Question 6

What do unauthorised claims not apply to

Answer 6

They only apply to disposal for value, not GIFTS

Question 7

How does movement of goods within Europe affect claims of patent pending, or patented products

Answer 7

It is likely to be legal IF the product was patented in the country it was first sold in