A patent claim should not be considered covetous without evidence that the claim was in some way blameworthy. Courts must be careful when judging claims with hindsight, and where different national standards had been involved. A claim to amend a patent drafted in the US for grant in the European Patent Office by a German firm of patent agents without reference to UK practice. Blameworthy in this sense meant drafting a claim including material which the attorney knew to be old.
Citations:
Times 06-Sep-2000, Gazette 28-Sep-2000
Intellectual Property
Updated: 09 April 2022; Ref: scu.82776
