Article 25

Right to prevent the direct use of the invention

Agreement On A Unified Patent Court

Part 1 – General and institutional provisions

Chapter 5 – Sources of Law and Substantive Law


Article 25 – Right to prevent the direct use of the invention

A patent shall confer on its proprietor the right to prevent any third party not having the proprietor’s consent from the following:

a. making, offering, placing on the market or using a product which is the subject matter of the patent, or importing or storing the product for those purposes;

b. using a process which is the subject matter of the patent or, where the third party knows, or should have known, that the use of the process is prohibited without the consent of the patent proprietor, offering the process for use within the territory of the Contracting Member States in which that patent has effect;

c. offering, placing on the market, using, or importing or storing for those purposes a product obtained directly by a process which is the subject matter of the patent.

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