Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Patent definition

What does Patent mean? A patent is a registrable intellectual property right used in practice to protect a technical invention by giving the owner, in the relevant territory, the exclusive right to stop others making, using, selling or importing the claimed invention without consent. In the UK (England & Wales, Scotland and Northern Ireland) and Ireland, the regime is statutory (Patents Act 1977; Patents Act 1992) and aligned with the European Patent Convention, so usage is broadly consistent. To be patentable, an invention must be new, involve an inventive step, be capable of industrial application and not fall within excluded subject matter (for example,...

UK patent research exemptions: experimental use and Bolar-type, plus the SPC manufacturing waiver - post-Brexit position and practical points

Published by a LexisNexis Life Sciences expert

Practice notes

Practice Note

patent regimes are designed to encourage innovation rather than obstruct it. Consequently, the patent laws of numerous jurisdictions provide carve-outs from infringement for experimental use of patented inventions.

This Practice Note reviews the two principal UK research exemptions to patent infringement, namely:

the general experimental use exemption
the specific Bolar-type exemption

It considers how these provisions have evolved in recent years and how they may develop in the coming period. The Note also addresses the supplementary protection certificate (SPC) manufacturing waiver, which creates an exception to infringement of SPCs (SPCs extend patent protection for certain medicinal products).

Following Brexit, EU-derived legislation has been preserved and converted into UK domestic law with effect from IP completion day (11 pm on 31 December 2020). Relevant Assimilated EU law and Brexit SIs are considered in the sections on the Bolar-type exemption and the SPC manufacturing waiver. ‘Assimilated law’ is the term used for retained EU law (REUL) that remains in force after the end of 2023...

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Charlie French

Bristows

Charlie specialises in contentious intellectual property matters. She has a particular interest in patent litigation in the pharmaceutical and biotechnology sectors, where her background in biochemistry gives her an excellent understanding of the technical issues that arise. She has also advised on the enforcement of plant variety rights, including customs seizures. Charlie has extensive experience representing clients in complex litigation before the Patents Court (High Court) and Court of Appeal, as well as assisting parties in relation to arbitral disputes. She also works closely with lawyers, patent attorneys and regulatory advisors in multiple jurisdictions to coordinate global patent litigation strategies and life-cycle management for pharmaceutical and biotechnology products. Within the life sciences sector, Charlie has advised on disputes relating to small molecule pharmaceuticals, antibodies and antibody engineering technology, gene cloning and cell-based expression systems, drug delivery systems, formulations and dosage...

Milly Wickson

Solicitor, Bristows

Milly is an associate in the Patent Litigation team at Bristows. She advises on a wide range of issues across the life sciences and technology sectors, but has a particular interest in pharmaceuticals. Recent experience includes UK litigation in the small molecule and biologics spaces, supporting oppositions at the European Patent Office and giving freedom to operate advice on medical and consumer devices. Milly has also assisted with multi-jurisdiction coordination projects and gained commercial experience working at a leading pharmaceuticals company....

Web page updated on 22/05/2026

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