For Patent Owners
We assess whether a competing product or process falls within your claims, secure the evidence and pursue the remedies available to you.
Enforcement · Defence · Validity · Unjustified Threats
Patent Infringement Lawyer
Defending your innovation and resolving patent disputes.
We advise patent owners and businesses accused of infringement on enforcement, defences, validity challenges and settlement, drawing on over 25 years' experience in intellectual property disputes.
Expert Advice When Your Invention Is at Stake
Patent disputes turn on the precise wording of the claims, the technical evidence and the validity of the patent itself. We help you understand where you stand quickly, and take the action that protects your commercial position.
For Businesses Accused
We test the claim against your product, examine whether the patent is valid and build the defences that let you keep trading.
For Innovators Launching
Before launch or investment, we help identify third-party patents that could be a risk and plan around them.
Patent Infringement Services
Enforcing Your Patent
Under section 60 of the Patents Act 1977, a patent is infringed by making, selling, offering, using, importing or keeping a patented product, or using a patented process, in the UK without consent. Supplying the essential means to put an invention into effect can also be indirect infringement.
We act on letters of claim, negotiated undertakings and proceedings for injunctions, damages or an account of profits, and the delivery up or destruction of infringing products.
Defending a Claim
Common defences include non-infringement, where your product does not fall within the claims, and invalidity. Statutory defences include private non-commercial use, experimental use, and continuing an act you began in good faith before the patent's priority date.
Once a patented product has been lawfully placed on the UK market by or with the consent of the owner, the owner's rights over that item are generally exhausted.
Validity & Revocation
A patent can be revoked if the invention was not new, was obvious, is not sufficiently disclosed or falls within excluded subject matter. Revocation is often pursued as a counterclaim to an infringement action, or brought separately to clear the way for a product.
Unjustified Threats
Threatening someone with patent infringement proceedings can give them a claim against you unless the threat is permitted, for example where it is made to a manufacturer or importer. The rules are in the Patents Act 1977, as amended by the Intellectual Property (Unjustified Threats) Act 2017, so letters of claim must be drafted carefully.
Freedom to Operate
Before launching a product, raising investment or entering a new market, we review third-party patents that could block you and advise on design-arounds, licences or challenges.
Settlement & Licensing
Many patent disputes end in a licence, a cross-licence or a settlement agreement. We negotiate terms that resolve the dispute and protect your future position.
Landmark Patent Cases
We track the leading UK decisions so your strategy reflects how the courts actually approach patent claims.
Actavis v Eli Lilly [2017] UKSC 48
The Supreme Court held that a product can infringe even if it falls outside the literal wording of the claims, where it achieves substantially the same result in substantially the same way. This "doctrine of equivalents" means infringement analysis goes beyond the words alone.
Thaler v Comptroller-General [2023] UKSC 49
The Supreme Court confirmed that an inventor under the Patents Act 1977 must be a natural person, so an AI system cannot be named as the inventor. Ownership and inventorship of AI-assisted inventions therefore need careful planning.
How a Patent Dispute Runs
Five Stages
- 01 · AssessCompare the product or process with the patent claims, and review validity
- 02 · EvidenceSecure samples, technical documents, sales data and expert input
- 03 · Letter of ClaimA pre-action letter drafted to comply with the unjustified threats rules
- 04 · NegotiateUndertakings, design-arounds, licences or settlement terms
- 05 · ProceedProceedings in the Patents Court or the Intellectual Property Enterprise Court
Choosing the Right Forum
The Intellectual Property Enterprise Court suits many patent disputes: damages are capped at £500,000 and recoverable costs at £60,000. Complex, high-value or urgent matters are usually heard in the Patents Court.
The UK is not part of the Unified Patent Court, so European patents covering the UK are enforced in the UK courts. The UK Intellectual Property Office also gives non-binding opinions on infringement and validity, which can be a cost-effective first step.
Intellectual Property Law Since 1999
25+ Years' Experience
Internet, media and IP law since 1999
Published Author
A Practical Guide to Business, Law & the Internet (Kogan Page, 2002)
International Speaker
MBL Seminars speaker on IP and media law
SRA Regulated
Authorised and regulated by the Solicitors Regulation Authority (No. 827265)
Resources for Patent Owners
Official guidance on obtaining, maintaining and enforcing patents in the UK, Europe and internationally.
Protect and Enforce
Patent disputes often sit alongside registration, licensing and other IP rights.
Patent Infringement Questions
What counts as patent infringement in the UK?
Under section 60 of the Patents Act 1977, infringement includes making, disposing of, offering to dispose of, using, importing or keeping a patented product, or using a patented process, in the UK without the owner's consent. Supplying someone with the essential means to put the invention into effect, knowing it will be used to infringe, can be indirect infringement.
What remedies are available if my patent is infringed?
The court can grant an injunction, damages or an account of the infringer's profits, delivery up or destruction of infringing products, and a declaration that the patent is valid and infringed. Damages are not awarded against a defendant who proves they were not aware, and had no reasonable grounds to suppose, that the patent existed.
How can I defend a patent infringement claim?
The main defences are that your product or process does not fall within the claims, and that the patent is invalid. Statutory defences include private non-commercial use, experimental use and prior use in good faith before the priority date. Exhaustion may apply where the product was put on the market with the owner's consent.
Is patent infringement a criminal offence?
No. Patent infringement is a civil matter in the UK. It is, however, an offence to falsely represent that a product is patented.
How long do I have to bring a patent infringement claim?
Claims must usually be brought within six years of the infringing act. Delay can also affect the remedies available, so it is important to act promptly.
Which court hears patent disputes?
Patent claims are heard in the Patents Court, part of the High Court, or the Intellectual Property Enterprise Court (IPEC). IPEC caps damages at £500,000 and recoverable costs at £60,000, which suits smaller and mid-value disputes.
Can AI be named as the inventor of a patent?
No. In Thaler v Comptroller-General of Patents [2023] UKSC 49, the Supreme Court held that an inventor must be a natural person. Inventions developed with AI assistance can still be patentable, but inventorship and ownership need careful handling.
How much do you charge?
Fees depend on the complexity of the matter and are agreed upfront. We do not offer free initial consultations, legal aid or no-win-no-fee arrangements. Barristers' fees and court or official fees are separate.
Schedule a Consultation Today
Don't let patent infringement threats compromise your business. Contact us for advice and representation, or use the form below.
- The patent number and the countries it covers
- A description of the product or process concerned
- Any letters already sent or received, with dates
- When you first became aware of the issue
Telephone: +44 (0)20 7305 7491
Email: peter@pailsolicitors.co.uk
23 Berkeley Square, Mayfair, London W1J 6HE
Scope and fees are agreed in advance before any work begins.
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Contact us today to learn how we can help safeguard your success.