The claimant sought revocation of the defendant’s patent for Viagra on the grounds of obviousness, and lack of novelty.
Held: Patent specifications have to be read and construed through the eyes of a person skilled in the art who is assumed to be possessed of the common general knowledge of such a person. Though the lack of novelty claim failed, the matter covered was obvious in the light of earlier publications, and the patent was revoked.
Laddie J
[2000] EWHC Patents 49
Bailii
England and Wales
Intellectual Property
Updated: 28 December 2021; Ref: scu.163116