Patent Law (UK) - Threats Flashcards
An overview of patent infringement threats in the UK.
What is required for a communication to constitute a threat of infringement proceedings under Section 70(1)?
A reasonable individual must believe a patent exists and an intention to sue for infringement.
Explanation: Section 70(1) defines a threat as a communication where a reasonable person understands both the existence of a patent and the sender’s intent to take legal action.
Is requesting a competitor to stop selling a potentially infringing product considered a permitted purpose under Section 70B?
No, requesting a competitor to stop selling a potentially infringing product is not a permitted purpose.
Explanation: Prohibited purposes include requests to stop sales, deliver up products, or provide undertakings regarding a product or process.
Under Section 70A, which type of communication is protected from claims of actionable threats?
Threats specifically related to making or importing a patented product for disposal.
Explanation: Section 70A exempts threats linked to specific acts such as the manufacture or import of patented products for disposal.
Who can be sued for making actionable threats under Section 70A?
Anyone with rights under the patent, including licensees.
Explanation: Liability extends beyond the proprietor to any party with rights under the patent who makes a threat.
What role does the “reasonable reader” standard play in determining whether a threat is actionable?
It examines whether an ordinary recipient of the communication interprets it as a threat of proceedings.
Explanation: The reasonable reader standard focuses on the interpretation and context of the communication.
A communication can be considered a threat even if the sender explicitly denies intending to bring legal proceedings.
True or False
True
Explanation: Courts look at the broader context rather than the sender’s stated intention.
Without prejudice communications are always protected from being deemed as threats.
True or False
False
Explanation: “Without prejudice” protections can be removed if the communication is a cloak for making threats.
Under Section 70B, a threat detailing the necessity of destroying infringing products is considered a permitted communication.
True or False
False
Explanation: Requests for product destruction or delivery fall under prohibited purposes.
A person who suffered damages from a threat directed at a third party may still bring a claim under Section 70A.
True or False
True
Explanation: Section 70A allows aggrieved individuals to claim if they are affected by threats made to others.
Professional advisors cannot be held liable for actionable threats if they acted on client instructions and disclosed this relationship.
True or False
True
Explanation: Section 70D provides professional advisors with immunity if they meet regulatory and disclosure requirements.
Describe how the “reasonable reader” standard is applied in assessing whether a threat is actionable.
The standard evaluates how an ordinary person, considering the communication’s context, would reasonably interpret its content. Intentions irrelevant to the communication’s perception are also assessed.
Provide one case where a communication was deemed actionable despite it being part of license negotiations. How does it highlight the wide interpretation of threats?
Answer: Skinner & Co v Perry [1893]: This case involved threats made during licensing discussions, illustrating that intent is immaterial if the communication implies legal proceedings.
