Section 70: Threats of infringement proceedings

Unjustified threats.

  1. (1) A communication contains a “threat of infringement proceedings” if a reasonable person in the position of a recipient would understand from the communication that;

  • (a) a patent exists, and

  • (b) a person intends to bring proceedings (whether in a court in the United Kingdom or elsewhere) against another person for infringement of the patent by;

(i) an act done in the United Kingdom, or

(ii) an act which, if done, would be done in the United Kingdom.

(2) References in this section and in section 70C to a “recipient” include, in the case of a communication directed to the public or a section of the public, references to a person to whom the communication is directed.