Making of a patented invention meaning

In legal practice, the making of a patented invention describes manufacturing or assembling a patented product without the patent owner’s consent. It is a primary act of patent infringement for product claims. In the UK, this arises under section 60(1)(a) of the Patents Act 1977 (which does not define “makes”); in Ireland, the Patents Act 1992 provides broadly equivalent protection. Case law in the UK and Ireland distinguishes impermissible “making” from permissible repair. Activities amounting to reconstruction or creation of a new embodiment of the patented product will infringe; limited repair that preserves the identity of the original product may not. Assembling components into the patented product, commissioning a third party to manufacture, or manufacturing for internal use can constitute making. Intention is generally irrelevant; the act must occur within the relevant territory. Importing is a separate infringing act. Statutory exceptions may apply, including private and non‑commercial use, experimental use, and certain pharmacy preparations. For process patents, infringement typically concerns using the process and dealing in products directly obtained by it, rather than “making” as such. Usage and legal effect are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, and are central to freedom‑to‑operate analysis, licensing, enforcement and 3D‑printing scenarios.