Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Patents
5.
Patent enforceability
5.1
What makes a patent unenforceable?
 
UK
As a general rule, UK patents that are not held to be invalid are enforceable. The circumstances in which UK patents will be unenforceable are very rare, but include where enforcement of the patent would be an abuse of process or would breach competition law.

For more information about this answer please contact: Sarah McFarlane from Powell Gilbert
5.2
What are the inequitable conduct standards?
 
UK
There are no inequitable conduct standards in the United Kingdom. In particular, there is no obligation in the United Kingdom to disclose material prior art to the UK IP Office (UK IPO) or the European Patent Office (EPO) during the prosecution of a patent.

For more information about this answer please contact: Sarah McFarlane from Powell Gilbert
5.3
What duty of candour is required of the patent office?
 
UK
Neither the UK IPO nor the EPO requires a specific duty of candour, but clearly applications for patents and supplementary protection certificates should contain accurate information.

In Astra Zeneca v European Commission (T-321/05), the European Court of Justice (General Court) held that the submission to a patent office of objectively misleading representations by an undertaking in a dominant position could constitute an abuse of that position, contrary to antitrust laws.

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