Patents Act · 2023 Revised Edition · Part · Offences
96. Unauthorised claim of patent right
Official textFrom Attorney General's Chambers, unchanged
If a person falsely represents that anything disposed of by him for value is a patented product, he is, subject to this section, guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 12 months or both.
For the purposes of subsection (1), a person who for value disposes of an article having stamped, engraved or impressed on it or otherwise applied to it the word “patent” or “patented” or anything expressing or implying that the article is a patented product, shall be taken to represent that the article is a patented product.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
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Subsection (1) does not apply where the representation is made in respect of a product after the patent for that product or, as the case may be, the process in question has expired or been revoked and before the end of a period which is reasonably sufficient to enable the accused to take steps to ensure that the representation is not made or does not continue to be made.
In proceedings for an offence under this section, it shall be a defence for the accused to prove that he used due diligence to prevent the commission of the offence.
Terms defined in s 2
patent
Defined · s 2“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
patented product
Defined · s 2“patented product” means a product which is a patented invention or, in relation to a patented process, a product obtained directly by means of the process or to which the process has been applied;
right
Defined · s 2“right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent;