Mentor Corporation v Hollister Inc. (No.2)

JurisdictionEngland & Wales
Date1993
CourtCourt of Appeal (Civil Division)
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62 cases
  • Human Genome Sciences Inc. v Eli Lilly and Company
    • United Kingdom
    • Chancery Division (Patents Court)
    • 17 October 2008
    ...Each case must be decided on its own facts. Nevertheless, helpful guidance is to be found in the decision of the Court of Appeal in Mentor v Hollister [1993] RPC 7. Lloyd LJ explained at 13–14: “…..if a working definition is required then one cannot do better than that proposed by Buckley L......
  • First Currency Choice Pte Ltd v Main-Line Corporate Holdings Ltd and Another Appeal
    • Singapore
    • Court of Appeal (Singapore)
    • 31 October 2007
    ...of the invention, but can leave the skilled man to use his skill to perform the invention (see Mentor Corporation v Hollister Incorporated [1993] RPC 7 (“Mentor Corp”)). The English Court of Appeal in Mentor Corp held (at 10) that “whether the specification [of a patent] discloses the inven......
  • Eli Lilly and Company v Janssen Alzheimer Immunotherapy
    • United Kingdom
    • Chancery Division (Patents Court)
    • 25 June 2013
    ...that they were limited to the pharmaceutical or diagnostic equivalent of a 'workable prototype' (a phrase taken from Mentor v Hollister, [1993] RPC 7). If that were right, then the claims would indeed be insufficient on his findings of fact. But before us Mr Thorley contended that the Judge......
  • Mölnlycke Health Care AB v Brightwake Ltd (Trading as Advancis Medical)
    • United Kingdom
    • Chancery Division (Patents Court)
    • 25 February 2011
    ...of disclosure and cited the judgment of Buckley LJ in Valensi v British Radio Corp [1973] RPC 337 and the judgment of Lloyd LJ in Mentor v Hollister [1993] RPC 7. Lord Hoffmann held that the tests for enablement and sufficiency are the same albeit that there may be differences in their appl......
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1 firm's commentaries
  • Empirical Research Inventions Allowable Generic Claim Scope
    • United Kingdom
    • Mondaq United Kingdom
    • 5 May 2004
    ...product. [1995] RPC 585 [1997] RPC 1 T 0292/85; [1989] OJ EPO 275 25. Valensi v British Radio Corporation [1973] RPC 7, Mentor v Hollister [1993] RPC 7, T 0032/85 Gist-Brocades/Biomass [1986] 5 EPOR 267 and T 0226/85 Unilever/Stable bleaches [1989] 1 EPOR 18 considered. Note that during the......
5 books & journal articles
  • Intellectual Property Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2007, December 2007
    • 1 December 2007
    ...but may need to carry out the ordinary methods of trial and error which involve no inventive step: see Mentor Corp v Hollister Inc[1993] RPC 7 at 10—12. The contribution of First Currency Choice Pte Ltd v Main-Line Corporate Holdings Ltd[2008] 1 SLR 335 to the law in this regard is that the......
  • Intellectual Property Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2000, December 2000
    • 1 December 2000
    ...the claim under s 80(l)(c). The Court of Appeal cited with approval the following passage in Mentor Corporation & Anor v Hollister Inc[1993] RPC 7 (at 10): “The question for decision in this case is whether the specification discloses the invention clearly enough and completely enough for i......
  • Intellectual Property Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2001, December 2001
    • 1 December 2001
    ...required.” 16.63 This interpretation of the requirement is in accordance with what was advocated by Lloyd J in Mentor Corp v Hollister Inc[1993] RPC 7 at 10: “[d]isclosure of an invention does not have to be complete in every detail so that anyone, whether skilled or not, can perform it”. L......
  • 'Storyline patents': are plots patentable?
    • Australia
    • Melbourne University Law Review Vol. 33 No. 1, April 2009
    • 1 April 2009
    ...'useful': Badische Anilin und Soda Fabrik v Levinstein (1887) 12 App Cas 710, 712 (Lord Halsbury LC); Mentor Corporation v Hollister Inc [1993] RPC 7; Lane-Fox v The Kensington and Knightsbridge Electric Lighting Co (Ltd) (1892) 9 RPC 413, 417-18 (Lindley LJ), 421 (Kay LJ). See also Biogen ......
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