19 May 2015

Art 25 UPCA and devices made after publication but before grant

Article 25 UPCA and products made before grant

Article 25
Right to prevent the direct use of the invention
A patent shall confer on its proprietor the right to prevent any third party not having the proprietor's consent from the following:
(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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