Patents Bill

  • enacted

What does not constitute infringement

136 No infringement for experimental use
  • (1) It is not an infringement of a patent for a person to do an act for experimental purposes relating to the subject matter of an invention if the act does not unreasonably conflict with the normal exploitation of the invention.

    (2) In this section, act for experimental purposes relating to the subject matter of an invention includes an act for the purpose of—

    • (a) determining how the invention works:

    • (b) determining the scope of the invention:

    • (c) determining the validity of the claims:

    • (d) seeking an improvement of the invention (for example, determining new properties, or new uses, of the invention).