Genentech Inc.'s Patent
Jurisdiction | England & Wales |
Year | 1989 |
Date | 1989 |
Court | Court of Appeal (Civil Division) |
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59 cases
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First Currency Choice Pte Ltd v Main-Line Corporate Holdings Ltd and Another Appeal
...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......
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Merck & Company, Inc. v Pharmaforte Singapore Pte Ltd
...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......
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Ng Kok Cheng v Chua Say Tiong
...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......
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Peng Lian Trading Co v Contour Optik Inc and Others
...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
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English High Court Confirms Computer Program Claims Are Legitimate
...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......
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Guest Post: Ariosa v Sequenom -- A Path to the Supreme Court?
...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
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THE FUTURE OF INVENTIVE STEP IN PATENT LAW
...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 ......
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INTELLECTUAL PROPERTY LAW IN SINGAPORE: A GENERAL OVERVIEW1
...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......
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Regulation as Facilitation: Negotiating the Genetic Revolution
...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......
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INVENTIONS, GENES AND NAPOLEONIC VICTORIES
...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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