In
United KingdomThe United Kingdom of Great Britain and Northern Ireland is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of Ireland, and many small islands...
patent lawA patent is a set of exclusive rights granted by a state to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention....
, a
certificate of contested validity is an order usually made by the Patents Court (a division of the High Court) or
Patents County CourtIn the legal system of Courts of England and Wales, the Patents County Court in London is an alternative venue to the Patents Court of the High Court for bringing legal cases involving certain matters concerning patents, registered designs and, more recently, trade marks, including Community trade...
after a
patent infringementPatent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a licence. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...
action in which the
validityWithin the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent...
of the
patentA patent is a set of exclusive rights granted by a state to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention....
is unsuccessfully challenged.
Section 65 of the UK Patents Act 1977 allows the Court to make such an order. If the patent is enforced again against another infringer, and the validity of the patent is unsuccessfully challenged again, the second infringer is penalised by way of an award of
indemnity costsIn civil litigation in England and Wales, and in other Commonwealth jurisdictions, after judgment has been given, the judge has the power to order who will pay the attorney's fees and other disbursements of the parties...
- i.e.
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In
United KingdomThe United Kingdom of Great Britain and Northern Ireland is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of Ireland, and many small islands...
patent lawA patent is a set of exclusive rights granted by a state to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention....
, a
certificate of contested validity is an order usually made by the Patents Court (a division of the High Court) or
Patents County CourtIn the legal system of Courts of England and Wales, the Patents County Court in London is an alternative venue to the Patents Court of the High Court for bringing legal cases involving certain matters concerning patents, registered designs and, more recently, trade marks, including Community trade...
after a
patent infringementPatent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a licence. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...
action in which the
validityWithin the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent...
of the
patentA patent is a set of exclusive rights granted by a state to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention....
is unsuccessfully challenged.
Section 65 of the UK Patents Act 1977 allows the Court to make such an order. If the patent is enforced again against another infringer, and the validity of the patent is unsuccessfully challenged again, the second infringer is penalised by way of an award of
indemnity costsIn civil litigation in England and Wales, and in other Commonwealth jurisdictions, after judgment has been given, the judge has the power to order who will pay the attorney's fees and other disbursements of the parties...
- i.e. legal costs above the usual scale and closer to the actual costs incurred by the patentee in defending the challenge.