Pharma lnc developed a new torm of stent a medical device tor keeping an artery open). he new form meant that it was much sarer to insert anoess ikely to colapse. Pharma nc filed a patent application for the invention on 1 June 2010, and the patent was granted in January 2018. Genericppliances itd wants to obtain a marketing approval for an identica stent. and it carried out certain tests for this purpose. The tests ran frorDecember 2017 to February 2018. Pharma lnc sued Generic Appliances Ltd for patent infringement, What should the court find:

a. The tests were conducted for non-commercial purposes and so are not infringing.

b. There is an infringement of the patent, and the rights conferred by publication

c. The tests were started before the grant of the patent and so there is no infringement.

d. The tests on the stent were a medical product assessment and so are deemed to fall within the experimental purposes defence.

e. The tests were done for conducting a study, test or tral which is necessary for and is conducted with a view to the application tor a relevantmarketing authorisation and so are not infringing.