Article 25 UPCA and products made before grant
Article 25
Right to prevent the direct use of the invention
(a) making, offering, placing on the market or using a product which is the subject-matter of the patent, or importing or storing the product for those purposes;
Analysis
- In case a product (say a patented device) is made and used in the EU (contacting states) by a third person between publication of the application and grant of the (non-opted out non-unitary European) patent, can the patent proprietor obtain an injunction to stop further use of that device?
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