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What are ‘groundless threats’ and when are such threats not
actionable in the UK?



Section 70: ‘Groundless threats’ are where a person threatens
another person with proceedings for any infringement of a patent, a
person aggrieved by threats may bring proceedings in the court
against the person making threats, claiming relief.

Section 70(4): Once it has been established that that there was an
infringement, a threat for any other acts of infringement against the
person in respect of that product is not actionable.  

Section 70(5): Mere notification of the existence of a patent does
not constitute a threat of proceedings.
See also Merrell Dow and Mobil.
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