Appeal against finding that patent invalid.
Held: The Court of Appeal is free to depart (but not bound to depart) from one of its previous decisions on a point in the field of patent law if satisfied that the Board have formed a settled view on that point, which differs from that arrived at in that previous decision. The right to depart from a previous decision only arose if the ‘jurisprudence of the EPO’ on the point at issue was ‘settled’, and that, even where that was the case, this court was ‘not bound to do so’: for instance in ‘the unlikely event’ that it thought the jurisprudence was plainly unsatisfactory.
Jacob LJ
[2008] EWCA Civ 444, Times 05-Jun-2008, [2009] 1 All ER 196, [2009] Bus LR 573, [2008] RPC 26, [2009] 1 WLR 1186
Bailii
England and Wales
Cited by:
See Also – Actavis UK Ltd v Janssen Pharmaceutica Nv PatC 30-Jun-2008
. .
Cited – Symbian Ltd v Comptroller General of Patents CA 8-Oct-2008
No Pattern Established to Patent Computer Systems
The Comptroller appealed against the decision in Chancery to grant a patent to the clamant for an invention which the comptroller said should have been excluded from protection under section 1(2) as a computer program. It was argued that the UK was . .
Cited – Symbian Ltd v Comptroller General of Patents CA 8-Oct-2008
No Pattern Established to Patent Computer Systems
The Comptroller appealed against the decision in Chancery to grant a patent to the clamant for an invention which the comptroller said should have been excluded from protection under section 1(2) as a computer program. It was argued that the UK was . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Litigation Practice
Updated: 12 November 2021; Ref: scu.267938