Genentech Inc.'s Patent

JurisdictionEngland & Wales
Year1989
Date1989
CourtCourt of Appeal (Civil Division)
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59 cases
  • First Currency Choice Pte Ltd v Main-Line Corporate Holdings Ltd and Another Appeal
    • Singapore
    • Court of Appeal (Singapore)
    • 31 October 2007
    ...the restrained approach adopted vis-à-vis s 72(1)(c) of the 1977 English Act by the English Court of Appeal in Genentech Inc’s Patent [1989] RPC 147 (“Genentech Inc’s Patent”), where it was held that the objection of ambiguity was no longer a ground for revocation under the 1977 English Act......
  • Merck & Company, Inc. v Pharmaforte Singapore Pte Ltd
    • Singapore
    • High Court (Singapore)
    • 22 December 1999
    ...ER 221 (refd) Farbenfabriken Vormals Friedrich Bayer & Co v Chemische Fabrik Von Heyden (1905) 22 RPC 501 (folld) Genentech Inc's Patent [1989] RPC 147 (folld) General Tire and Rubber Co v Firestone Tyre and Rubber Co Ltd [1975] 1 WLR 819; [1972] RPC 457 (folld) Improver Corporation v Remin......
  • Ng Kok Cheng v Chua Say Tiong
    • Singapore
    • High Court (Singapore)
    • 22 June 2001
    ...is a ground for rejection of the patent application but not a ground for revoking the patent once granted. In Genentech Inc`s Patent [1989] RPC 147, Mustill LJ as he then was, commented on the effect of s 25(5) (the UK s 14(5)) and s 80(1) (the UK s 72(1)). There the claims had been challen......
  • Peng Lian Trading Co v Contour Optik Inc and Others
    • Singapore
    • Court of Appeal (Singapore)
    • 24 June 2003
    ...skilled technician.” 19 In this regard, the words of Whitford J expressed at first instance in the case of Genetech Inc Patent [1989] RPC 147, and which was approved by Dillon LJ on appeal, are worthy of note “to render an invention obvious it was not necessary that the material in question......
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2 firm's commentaries
  • English High Court Confirms Computer Program Claims Are Legitimate
    • United States
    • Mondaq United States
    • 8 February 2008
    ...or to the software itself. Differing Interpretations In a brief survey of the decisions of the English Courts in Genetech's Patent [1989] RPC 147, Merrill Lynch's Application [1989] RPC 561, Gale's Application [1991] RPC 305, Fujitsu's Application [1997] RPC 608 and Aerotel/Macrossan, the j......
  • Guest Post: Ariosa v Sequenom -- A Path to the Supreme Court?
    • United States
    • JD Supra United States
    • 15 December 2015
    ...only in excluded matter. That approach also has its difficulties and it was rejected by the UK Court of Appeal in Genentech's patent [1989] R.P.C. 147 where it was observed that: "Such a conclusion, when applied to a discovery, would seem to mean that the application of the discovery is onl......
8 books & journal articles
  • THE FUTURE OF INVENTIVE STEP IN PATENT LAW
    • Singapore
    • Singapore Academy of Law Journal No. 2012, December 2012
    • 1 December 2012
    ...148 CLR 262, cited by the High Court of Australia in Aktiebolaget Hassle v Alphapharm Pty Ltd[2002] HCA 59; (2003) 56 IPR 135 at [38]. 137[1989] RPC 147 at 276. This passage was applied by the High Court in Merck & Co Inc v Pharmaforte Singapore Pte Ltd[1999] 3 SLR(R) 1072 at [41]. 138 See ......
  • INTELLECTUAL PROPERTY LAW IN SINGAPORE: A GENERAL OVERVIEW1
    • Singapore
    • Singapore Academy of Law Journal No. 1992, December 1992
    • 1 December 1992
    ...as such.” See Dworkin, “The Patentability of Computer Software,” in Reed (Ed.), Computer Law (1990) at p. 122. 196 [1988] R.P.C. 1. 197 [1989] R.P.C. 147. 198 See section 7(1) of the Copyright Act 1987 (Cap. 63, 1988 Rev. Ed.). 199 [1986] F.S.R. 537. 200 See also the wide definition of “com......
  • Regulation as Facilitation: Negotiating the Genetic Revolution
    • United Kingdom
    • The Modern Law Review No. 61-5, September 1998
    • 1 September 1998
    ...UK see Genentech, which suggests that both genes and the substancesfor which they code are mere discoveries, and as such not patentable: [1989] RPC 147 (CA).148 Genentech Inc’s Patent [1989] RPC 147.149 Biogen Inc vMedeva plc [1997] RPC 1 (HL).150 ibid.151 Article 53(b) EPC, discussed (desp......
  • INVENTIONS, GENES AND NAPOLEONIC VICTORIES
    • Singapore
    • Singapore Academy of Law Journal No. 1997, December 1997
    • 1 December 1997
    ...by allowing the first person who has found a way of achieving an obviously desirable goal to monopolise every other way of doing so.” 1 [1989] RPC 147. 2 See Biogen Inc. v Medeva plc[1995] RPC 25, Aldous J and Court of Appeal. At date of writing, the decision of the House of Lords was unrep......
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