The parties disputed the validity of patents concerning the processes for producing polymers.
Held: The patents were upheld. Jacob J explained the nature of invention underlying the right to apply for a patent: ‘Invention can lie in finding out that that which those in the art thought ought not be done, ought to be done. From the point of view of the purpose of patent law it would be odd if there were no patent incentive for those who investigate the prejudices of the prior art.’
Judges:
Jacob J
Citations:
[1998] RPC 1, [1997] EWHC 373 (Pat)
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Union Carbide Corporation v BP Chemicals Limited CA 26-Nov-1998
The parties alleged and denied infringement of patents and sought declarations that patents were invalid and sought revocation. . .
Cited – Pozzoli Spa v BDMO Sa and Another CA 22-Jun-2007
The patentee had invented a method for storing CDs. The patentee sought leave to appeal a finding that its patent was invalid, and if successful, to appeal a finding that the defendant’s apparatus was not infringing.
Held: The application for . .
Cited – W L Gore and Associates Gmbh v Geox Spa PatC 7-Oct-2008
The claimants sought a declaration of non-infringement of four patents relating to waterproof fabrics for shoes.
Held: The patents could not be set as invalid for obviousness. . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 23 March 2022; Ref: scu.253555
