Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
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Results: 4 Answers
Patents
2.
Rights
2.1
What rights are obtained when a patent is registered?
 
UK
A patent is a legal right that allows the owner to bring legal proceedings against other people that use the invention protected by the patent without its permission.

Owning a granted patent does not give the patent owner the right to use its invention. The patent owner must still ensure that the use of its invention will not infringe IP rights owned by others.

For more information about this answer please contact: Sarah McFarlane from Powell Gilbert
2.2
How can a patent owner enforce its rights?
 
UK
The main route for a patent owner to enforce its rights is by bringing legal proceedings for patent infringement in the courts. There are two courts in England and Wales in which a patent owner may enforce its rights: the Patents Court and the Intellectual Property Enterprise Court. In certain circumstances it is possible for patent infringement disputes to be heard by the comptroller of patents at the UK IP Office (UK IPO), but this is uncommon.

A patent owner can also enforce its rights by enforcing border measures. A patent owner can inform customs officials of its rights and customs officials may detain or suspend the release of potentially infringing goods. Ultimately, this may lead to the patent owner commencing patent infringement proceedings in the courts, as discussed above.

For more information about this answer please contact: Sarah McFarlane from Powell Gilbert
2.3
For how long are patents enforceable?
 
UK
A patent is granted for a period of up to 20 years from the filing date of the application, provided that annual renewal fees are paid and the patent is not surrendered by the patent owner or revoked by the courts, the comptroller (at the UK IPO) or the European Patent Office.

For more information about this answer please contact: Sarah McFarlane from Powell Gilbert