Patent in UK Law

Leading Cases
  • Synthon BV v Smithkline Beecham Plc (No.2)
    • House of Lords
    • 20 Oct 2005

    If I may summarise the effect of these two well-known statements, the matter relied upon as prior art must disclose subject-matter which, if performed, would necessarily result in an infringement of the patent. That may be because the prior art discloses the same invention. In that case there will be no question that performance of the earlier invention would infringe and usually it will be apparent to someone who is aware of both the prior art and the patent that it will do so.

  • Mölnlycke A.B. v Procter & Gamble Ltd
    • Court of Appeal (Civil Division)
    • 27 Jun 1991

    Conversely the English court could not entertain a claim for the infringement of a German patent. English patent law as embodied in the Patents Act 1977 is founded on international convention, not just European Community convention, but, subject to certain special provisions of the Act, its application by the English court is a matter of English law.

  • Catnic Components Ltd and Another v Hill and Smith Ltd
    • House of Lords
    • 1980

    A patent specification should be given a purposive construction rather than a purely literal one derived from applying to it the kind of meticulous verbal analysis in which lawyers are too often tempted by their training to indulge.

  • Seager v Copydex Ltd
    • Court of Appeal (Civil Division)
    • 18 Abr 1967

    It depends on the broad principle of equity that he who has received information in confidence shall not take unfair advantage of it. He must not make use of it to the prejudice of him who gave it without obtaining his consent. He should go to the public source and get it: or, at any rate, not be in a better position than if he had gone to the public source. He should not get a start over others by using the information which he received in confidence.

  • Windsurfing International Inc. v Tabur Marine (Great Britain) Ltd
    • Court of Appeal (Civil Division)
    • 31 Gen 1984

    Thereafter, the court has to assume the mantle of the normally skilled but unimaginative addressee in the art at the priority date and to impute to him what was, at that date, common general knowledge in the art in question. Finally, the court has to ask itself whether, viewed without any knowledge of the alleged invention, those differences constitute steps which would have been obvious to the skilled man or whether they require any degree of invention.

  • Angiotech Pharmaceuticals Inc. v Conor Medsystems Inc.
    • House of Lords
    • 09 Jul 2008

    In the Court of Appeal, Jacob LJ dealt comprehensively with the question of when an invention could be considered obvious on the ground that it was obvious to try. He correctly summarised the authorities, starting with the judgment of Diplock LJ in Johns-Manville Corporation's Patent [1967] RPC 479, by saying that the notion of something being obvious to try was useful only in a case in which there was a fair expectation of success.

  • Biogen Inc. v Medeva Plc
    • House of Lords
    • 31 Oct 1996

    His expressed findings are always surrounded by a penumbra of imprecision as to emphasis, relative weight, minor qualification and nuance ( as Renan said, la v�rit� est dans une nuance), of which time and language do not permit exact expression, but which may play an important part in the judge's overall evaluation.

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Legislation
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Books & Journal Articles
  • Patent strategizing
    • Núm. 12-2, April 2011
    • Journal of Intellectual Capital
    • 168-178
    Purpose: The purpose of this paper is to further the development of strategic thinking, relevant for both academics and practitioners, about a key asset in the knowledge economy: patents. Design/m...
  • The European Patent Office and its patent information policy
    • Núm. 9-6, June 1991
    • The Electronic Library
    • 329-332
    The European patent information policy of the European Patent Organisation (EPO) derives from a 1988 decision of the Administrative Council of the EPO. The intent of the policy is to improve access...
  • STUDIES ON PATENT CITATION NETWORKS
    • Núm. 34-1, January 1978
    • Journal of Documentation
    • 12-20
    Work is described on patent citation networks, a novel technique for displaying the history of technological subjects and their key turning points. The method accurately identifies the key patents ...
  • A multiple regression model for patent appraisal
    • Núm. 106-9, December 2006
    • Industrial Management & Data Systems
    • 1304-1332
    Purpose: Concerning the general patent trading mechanism, this paper proposes a systematic patent appraisal model to provide patent transferors and transferees a reasonable price suggestion of the ...
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