Standard patent

After the grant of a standard patent, the owner can bring civil proceedings against infringements committed after the publication of the patent application.

Short-term patent

The owner of a short-term patent can bring civil proceedings against infringements committed after the grant of the patent, provided that:

1. a certificate of substantive examination has been issued in respect of the patent;
2. a request for substantive examination of the patent has been made and the examination has not been terminated by a court order; or
3. a certificate has been granted by a court certifying the court’s finding that the patent is wholly valid or valid in the relevant respect.

The grant of a short-term patent alone is not sufficient for commencing patent enforcement proceedings before the court. In any such proceedings, it is for the owner of a short-term patent to establish the validity of the patent (or validity of its relevant respect) and the fact that the patent has been granted is of no account in that regard. Owners of short-term patents should consult their legal or technical advisers before taking steps to enforce their patents.