Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Territory definition

What does Territory mean? In practice, Territory describes the geographical area in or for which the contract grants rights, imposes obligations or restricts activities (for example, in IP licences, distribution, agency and franchise agreements). It is a descriptive contractual term, not generally defined by legislation or case law, but its scope engages competition and antitrust rules and sanctions/export controls. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland. Draft precisely: Great Britain (England, Wales and Scotland) is not the same as the United Kingdom (Great Britain and Northern Ireland); Ireland refers to the state; the island of Ireland comprises Ireland and...

UK patent infringement under the Patents Act 1977: direct, indirect and contributory liability, claim construction and equivalents, second medical use, knowledge requirements, joint tortfeasance, and litigation essentials

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Practice notes

This Practice Note examines direct, indirect and contributory patent infringement. It outlines how the Patents Act 1977 (PA 1977) characterises prohibited (ie infringing) conduct, including making a product or operating a process, and describes the way in which the courts assess whether that product or process falls within the claim scope. The Practice Note also considers core issues in infringement actions, including who may bring proceedings, appropriate timing, and the allocation of the burden of proof.

Introduction to patent infringement

To prove infringement of a patent, it must be shown that a prohibited (ie infringing) act has been carried out in relation to a product or process that lies within the patent’s scope. These components of infringement are explored in Infringing acts and How the courts decide whether a product or process falls within the scope of a patent below. Note too that certain acts are permitted and non-infringing (for example, those undertaken privately, for non-commercial ends, or for experimentation), alongside statutory defences to infringement. For fuller treatment, see Practice Notes: Exceptions and defences to patent infringement and The experimental use and Bolar-type exemptions to patent infringement...

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Web page updated on 22/05/2026

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