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15 July 2021Big PharmaSophie Topham

UK experimental use exemptions: part 1—the original

Section 60(1) of the Patents Act 1977 (UKPA) provides that use in the UK of a product or process falling within the scope of the claims of a granted patent, without the consent of the proprietor, is an infringement of those claims. However, Section 60 also provides that in certain circumstances, including, and of particular relevance to the life sciences sector, experimental uses of the invention—permitted acts that would otherwise constitute an infringement.

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22 July 2021   In the second of a four-part series, Sophie Topham of Marks & Clerk explains the rules around the exemption for studies, tests, and trials required for generic and biosimilar medicines.
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5 August 2021   In the third article of a four-part series on experimental use exemptions from infringement in the UK, Sophie Topham of Marks & Clerk considers the expansion of the original exemption.

More on this story

Generics
22 July 2021   In the second of a four-part series, Sophie Topham of Marks & Clerk explains the rules around the exemption for studies, tests, and trials required for generic and biosimilar medicines.
Generics
5 August 2021   In the third article of a four-part series on experimental use exemptions from infringement in the UK, Sophie Topham of Marks & Clerk considers the expansion of the original exemption.

More on this story

Generics
22 July 2021   In the second of a four-part series, Sophie Topham of Marks & Clerk explains the rules around the exemption for studies, tests, and trials required for generic and biosimilar medicines.
Generics
5 August 2021   In the third article of a four-part series on experimental use exemptions from infringement in the UK, Sophie Topham of Marks & Clerk considers the expansion of the original exemption.