In order to make a claim, you will need:
- A patent or exclusive licence under a patent which was granted by the United Kingdom Intellectual Property Office ("UK IPO", The British Patent Office) and which is or was in force on or after 1 April.
- A patent or exclusive licence under a patent which was granted by the European Patent Office (the "EPO") and is or was in force on or after 1 April 2013 in the UK.
- A patent or exclusive licence under a patent which was granted by certain other national offices other than the UK IPO or the EPO.
- A Supplementary Protection Certificate (SPC).
- Plant variety rights or breeders rights in force in the UK or Europe.
- Data exclusivity rights such as orphan drug rights.
Where claiming on the basis of a patent or a licence granted under a patent, you need to be able to attribute profits to the patent or to the licence. So it is necessary to be able to identify products covered by a patent or into which a patented element is incorporated, or to identify processes covered by the patent and the profits attributable to the process.
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