# Patents Act 1977, Section 70A: Actionable threats


(1) Subject to subsections (2) to (5), a threat of infringement proceedings made by any person is actionable by any person aggrieved by the threat.
(2) A threat of infringement proceedings is not actionable if the infringement is alleged to consist of—
(a) where the invention is a product, making a product for disposal or importing a product for disposal, or
(b) where the invention is a process, using a process.
(3) A threat of infringement proceedings is not actionable if the infringement is alleged to consist of an act which, if done, would constitute an infringement of a kind mentioned in subsection (2)(a) or (b).
(4) A threat of infringement proceedings is not actionable if the threat—
(a) is made to a person who has done, or intends to do, an act mentioned in subsection (2)(a) or (b) in relation to a product or process, and
(b) is a threat of proceedings for an infringement alleged to consist of doing anything else in relation to that product or process.
(5) A threat of infringement proceedings which is not an express threat is not actionable if it is contained in a permitted communication.
(6) In sections 70C and 70D “an actionable threat” means a threat of infringement proceedings that is actionable in accordance with this section.

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Source: https://www.legislation.gov.uk/ukpga/1977/37/section/70A (the official version)
Page: https://openlegislation.uk/patents-act-1977/section-70A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.