Section 70A

Subject to subsections (2) to (5), a threat of infringement proceedings made by any person is actionable by any person aggrieved by the threat. A threat of infringement proceedings is not actionable if the infringement is alleged to consist of— where the invention is a product, making a product for disposal or importing a product for disposal, or where the invention is a process, using a process. A threat of infringement proceedings is not actionable if the infringement is alleged to consist of an act which, if done, would constitute an infringement of a kind mentioned in subsection (2)(a) or (b). A threat of infringement proceedings is not actionable if the threat— is made to a person who has done, or intends to do, an act mentioned in subsection (2)(a) or (b) in relation to a product or process, and is a threat of proceedings for an infringement alleged to consist of doing anything else in relation to that product or process. A threat of infringement proceedings which is not an express threat is not actionable if it is contained in a permitted communication. In sections 70C and 70D “an actionable threat” means a threat of infringement proceedings that is actionable in accordance with this section.

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Source: legislation.gov.uk · retrieved 2026-09-04