🫵 yoUPC.org

What is UPCA 027?

This is Article 027 from the UPCA (Übereinkommen über ein Einheitliches Patentgericht), which is part of the legal framework governing the Unified Patent Court in Europe.

UPCA Article 027

Legal Text

Limitations of the effects of a patent

The rights conferred by a patent shall not extend to any of the following:

(a)

acts done privately and for non-commercial purposes;

(b)

acts done for experimental purposes relating to the subject-matter of the patented invention;

(c)

the use of biological material for the purpose of breeding, or discovering and developing other plant varieties;

(d)

the acts allowed pursuant to Article 13(6) of Directive 2001/82/EC or Article 10(6) of Directive 2001/83/EC in respect of any patent covering the product within the meaning of either of those Directives;

(e)

the extemporaneous preparation by a pharmacy, for indi ­vidual cases, of a medicine in accordance with a medical prescription or acts concerning the medicine so prepared;

(f)

the use of the patented invention on board vessels of countries of the International Union for the Protection of Industrial Property (Paris Union) or members of the World Trade Organisation, other than those Contracting Member States in which that patent has effect, in the body of such vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of a Contracting Member State in which that patent has effect, provided that the invention is used there exclusively for the needs of the vessel;

(g)

the use of the patented invention in the construction or operation of aircraft or land vehicles or other means of transport of countries of the International Union for the Protection of Industrial Property (Paris Union) or members of the World Trade Organisation, other than those Contracting Member States in which that patent has effect, or of accessories to such aircraft or land vehicles, when these temporarily or accidentally enter the territory of a Contracting Member State in which that patent has effect;

(h)

the acts specified in Article 27 of the Convention on Inter­national Civil Aviation of 7 December 1944, where these acts concern the aircraft of a country party to that Convention other than a Contracting Member State in which that patent has effect;

(i)

the use by a farmer of the product of his harvest for propa­gation or multiplication by him on his own holding, provided that the plant propagating material was sold or otherwise commercialised to the farmer by or with the consent of the patent proprietor for agricultural use. The extent and the conditions for this use correspond to those under Article 14 of Regulation (EC) No 2100/94;

(j)

the use by a farmer of protected livestock for an agricultural purpose, provided that the breeding stock or other animal reproductive material were sold or otherwise commer­cialised to the farmer by or with the consent of the patent proprietor. Such use includes making the animal or other animal reproductive material available for the purposes of pursuing the farmer's agricultural activity, but not the sale thereof within the framework of, or for the purpose of, a commercial reproductive activity;

Content not available
(k)

the acts and the use of the obtained information as allowed under Articles 5 and 6 of Directive 2009/24/EC, in particular, by its provisions on decompilation and interoper­ability; and

(l)

the acts allowed pursuant to Article 10 of Directive 98/44/EC.

Applied In

Loading judgments...

Official Source

This legal text is from the official UPCA framework governing the Unified Patent Court.

Reference: UPCA 027 (Article 027)

Unified Patent Court Official Website