74 Proceedings in which validity of patent may be put in issue
Patents Act 1977 (1977 c 37) | Legislation

Putting validity in issue

74  Proceedings in which validity of patent may be put in issue

(1)     Subject to the following provisions of this section, the validity of a patent may be put in issue—

(a)     by way of defence, in proceedings for infringement of the patent under section 61 above or proceedings under section 69 above for infringement of rights conferred by the publication of an application;

(b)     in proceedings [in respect of an actionable threat under section 70A] above;

(c)     in proceedings in which a declaration in relation to the patent is sought under section 71 above;

(d)     in proceedings before the court or the comptroller under section 72 above for the revocation of the patent;

(e)     in proceedings under section 58 above.

(2)     The validity of a patent may

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