Beloit Technology Inc. v Valmet Paper Machinery Ltd

JurisdictionEngland & Wales
Judgment Date12 May 1995
Date12 May 1995
CourtChancery Division (Patents Court)

Patent Court of the Chancery Division

Beloit Technologies Inc and Another
and
Valmet Paper Machinery Inc and Another

Patents - interpretation of statute - obscure provisions

Act did not follow words of treaty

It helped no one for parliamentary draftsmen to rewrite matter in a treaty or convention, at least in the field of intellectual property, which was to be implemented in the United Kingdom because if the basic document was obscure or less than complete, whatever he did to try to clarify it in other words simply caused extra complications and extra costs.

Mr Justice Jacob so stated in the Patent Court of the Chancery Division on April 28 when granting a petition by Valmet Paper Machinery Inc for the revocation of European Patent (UK) No 0334899 in the name of Beloit Corporation, concerned with the dryer section of high-speed machines for making newsprint.

HIS LORDSHIP said it was a great pity that the Patent Act 1977, section 6(1) in...

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40 cases
  • Meter-Tech LLC and Another v British Gas Trading Ltd
    • United Kingdom
    • Chancery Division (Patents Court)
    • 16 September 2016
    ...157. Thirdly, it is vital to have in mind the requirements for matter to be part of the common general knowledge. In Beloit Technologies Inc v Valmet Paper Machinery Inc [1997] RPC 489 at pages 494–495, Aldous LJ put it in this way: "It has never been easy to differentiate between common ge......
  • Mölnlycke Health Care AB v Brightwake Ltd (Trading as Advancis Medical)
    • United Kingdom
    • Chancery Division (Patents Court)
    • 25 February 2011
    ...as a matter of construction has to be construed in such a way as to be novel over Brassington (see above and see also Beloit v Valmet [1995] RPC 705 at 720 and Ultraframe v Eurocell [2005] RPC 36 at para 47). After all a skilled reader conversant with patent practice would know that the cha......
  • Verathon Medical V. Aircraft Medical
    • United Kingdom
    • Court of Session
    • 1 February 2011
    ...leads to the result that the prior art referred to in the specification destroys the novelty of the claims. In Beloit Technologies Inc. [1995] RPC 705, Jacob J (at p.720) stated: "I believe Article 69 of the EPC does not legitimately allow courts to construe claims using the prior art eithe......
  • Force India Formula 1 Team Ltd v 1 Malaysia Racing Team SDN BHD and Others
    • United Kingdom
    • Chancery Division
    • 21 March 2012
    ...v Ford Motor Co Ltd (The Times, 8 March 1993); Shelley Films Ltd v Rex Features Ltd [1994] EMLR 134; Valeo Vision SA v Flexible Lamps Ltd [1995] RPC 205; Hellewell v Chief Constable of Derbyshire [1995] 1 WLR 804 at 807 (Laws J, as he then was); Creation Records Ltd v News Group Newspapers ......
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1 books & journal articles
  • Management and Enforcement
    • Canada
    • Irwin Books Intellectual Property Law. Second Edition
    • 15 June 2011
    ...288−91 [Vaver, “Civil Liability”]; Vaver, “What Is a Trade Secret?” above note 334 at 36–39; Valeo Vision S.A. v. Flexible Lamps Ltd. , [1995] R.P.C. 205 at 227–28 (Ch.); Cadbury , above note 131 (headstart damages); A.-G. v. Blake , [2001] 1 A.C. 268, [2000] UKHL 45 [ Blake ]. 453 Cadbury ......

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