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Keeping the sharks at bay

by Jane Lambert on Jul 22, 2010

702 views

How to avoid and resolve disputes with co-inventors, investors, licensees and third parties. Presentation given to Leeds Inventors Club 21 July 2010.

How to avoid and resolve disputes with co-inventors, investors, licensees and third parties. Presentation given to Leeds Inventors Club 21 July 2010.

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disputes third parties uk licensees patents co-inventor

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RemediesConsider an application to the IPO for an advisory opinion on infringement under s.74A 0f the Patents Act 1977 for £200:(1) The proprietor of a patent or any otherperson may request the comptroller to issue anopinion –(a) as to whether a particular act constitutes,or (if done) would constitute, aninfringement of the patent;(b) as to whether, or to what extent, theinvention in question is not patentablebecause the condition in section.If corresponding patent has been infringed abroad, consider proceedings abroad: costs €50,000 in Continental Europe; costs the same or greater in the USA but loser does not usually have to pay the winner’s costs, counsel are prepared to take cases on a contingency fee, damages are set by juries, proceedings are in one stage and law more favourable to patentees.

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