When Is An Import Not An Import For Patent Law?

The interim decision of Fancourt J in Rhodia Operations v Neo Chemicals & Oxides raises, but does not answer, some interesting questions around the scope of patent protection relating to imports. The background is that Neo was held, in 2018, to have infringed Rhodia's patent, which was concerned with the use of cerium oxide as a catalyst for purifying vehicle exhaust gases. Rhodia elected for damages, seeking damages in respect of cerium oxide imported into the UK by Neo from China. The inquiry is due to be heard in January 2022. At the case management conference in the inquiry, Neo raised the following issues by way of a summary judgment application:

1. Whether goods brought from China into and stored in a bonded warehouse in the UK, for subsequent export to a non-EU country, are imported and/or kept within the meaning of s.60 of the Patents Act 1977.