A court no longer has the discretion as to whether to amend a patent upon application, but must, following European practice, do so when a proper application is made. This is the case despite the clear wording of the English Act. A judge at first instance should be careful to follow a line of cases … Continue reading Hadley Industries Plc v Metal Sections Limited, Metsec (UK) Limited: PatC 13 Nov 1998

PO Patents – Inter Partes Decisions – In an EP patent that had been found bad for lack of novelty and obviousness (see Decision O/147/97) an opportunity for amendment was given. When the applicant tried to take advantage of this opportunity, the proposed amendments were opposed, initially by Morgan only and subsequently by both Morgan … Continue reading Kaiser v Morgan and Schmidt: IPO 14 Aug 2000

It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties. Held: The declaration was refused. There was no explicit provision in copyright law for a declaration of non-infringement as was available … Continue reading Point Solutions Ltd v Focus Business Solutions Ltd and Another: ChD 16 Dec 2005

IPO The application concerns game playing services in game machines, such as slot machines or video poker games. The thrust of the application is to enable game patrons to recover left-amounts which may arise from transactions involving different currencies. This is facilitated by software in the game machine’s logic modules. These left-over amounts can be … Continue reading IGT (Patent) O/140/13: IPO 27 Mar 2013

IPO This is the consolidation of two individual actions for the revocation of two GB patents held by Fieldturf, GB 2329910 and its divisional GB 2350843. Fieldturf applied to amend these two patents under s75 during the course of these actions. As a result of the applicants for revocation stating that they no longer wish … Continue reading Polytan Planungs-Und Baugwsellschart Fuer Sportlagen Mbh Co, Edel Grass BV and Fieldturf Holdings Inc (Patent) O/412/10: IPO 30 Nov 2010

IPO The Hearing Officer decided not to refuse a request for an opinion on the validity of GB 2377538 B. The request was based on material considered by the EPO when refusing an equivalent European application. The proprietor of the patent was of the view, despite the refusal of the EP application, and an equivalent … Continue reading Helimedia Limited (Patent): IPO 15 Jun 2010

IPO The application relates to a method of enabling an application running on an operating system on a portable computing device to access files stored on removable storage medium. Memory on different devices is typically managed according to different directory structures. In practice, this means that a file request from a device running on one … Continue reading Symbian Ltd (Patent): IPO 20 Aug 2007

IPO Added subject matter, Excluded fields (refused) – The invention related to a trajectory-based game of chance for implementation on a video gaming machine. The claim related to a gaming machine but in the light of Aerotel/Macrossan [2006] EWCA Civ 1371 it was agreed that the contribution was a data structure including a probability distribution … Continue reading IGT (Patent) O/054/07: IPO 22 Feb 2007

IPO The application relates to a propulsion unit including electric and hydraulic systems alleged to work by using an alternator to maintain a battery at full charge whilst providing further electricity for auxiliary power. Objection was also raised that the invention lacked novelty and/or an inventive step on the basis of two documents. The HO … Continue reading David Duckett and Joan Duckett (Patent): IPO 12 Aug 2005

As a result of an uncontested application filed under section 13(1) by Michael Jones and Ian Henderson, it was found that they should be mentioned as joint inventors in the granted patent for the invention and directed that an addendum slip mentioning them as joint inventors be prepared for the granted patent for the invention. … Continue reading Jones and Henderson v Protensive Limited (Patent) O-207-03: IPO 17 Jul 2003

IPO Judging from the various activities the proprietor was engaged in and the range of problems he was effectively dealing with during the period the eighth year renewal fee could have been paid, the stress the applicant was experiencing was not such as to prevent him from acting in a reasonable manner. Moreover, the applicants … Continue reading Interroof Products Limited (Patent): IPO 18 Jan 2002

IPO The patent in suit relates to a portable data storage device which can be connected to the USB port of a computer. The Claimant (M-Systems) sought revocation of the patent on the grounds that the patent as granted included matter extending beyond that originally disclosed, was not novel or did not involve an inventive … Continue reading M-Systems Flask Disk Pioneers Ltd and Trek Technology (Singapore) Pte Ltd (Patent): IPO 8 Nov 2006

Judges: Floyd J Citations: [2011] EWHC 2720 (Pat), [2012] RPC 13 Links: Bailii Statutes: Patents Act 1977 Citing: Appeal from – Protecting Kids The World Over (PKTWO) Limited (Patent) IPO 23-Dec-2010 IPO The invention concerned a system for monitoring an electronic communication on the internet such as a chat room, e.g. being used by a … Continue reading Re Protecting Kids The World Over (PKTWO) Ltd: PatC 26 Oct 2011

Proceedings had been brought by a third party in which the patent had been revoked. The Defendant in the first proceedings now sought release from an enquiry as to damages after being found, before the revocation, to have infringed the patent. Held: (Lord Justice Neuberger dissenting) The defendant was bound by the order for an … Continue reading Coflexip S A and Another v Stolt Offshore Ms Ltd and others: CA 27 Feb 2004

Hoover appealed a finding that Dyson’s patent was valid and infringed. They asserted the patent was not novel in the light of a US patent, and even so was obvious. One test was whether an application of the claimed patent would inevitably infringe the previous patent. Both parties had prepared models from the earlier patent. … Continue reading Dyson Appliances Limited v Hoover Limited: CA 4 Oct 2001

The claimant said that the defendant had, through its members visiting their premises, breached the licence under which they entered, by taking photographs and distributing them on the internet, and in so doing also infringing the performance rights of the claimant. Held: On breach of confidence, the parties had an arguable cases on each side, … Continue reading Heythrop Zoological Gardens Ltd (T/A Amazing Animals) and Another v Captive Animals Protection Society: ChD 20 May 2016

These proceedings raise, for the first time in the courts of the United Kingdom, the question how the concepts of sufficiency and infringement are to be applied to a patent relating to a specified medical use of a known pharmaceutical compound. Four issues arose: (i) the construction of the claims (in particular, Claim 3 as … Continue reading Warner-Lambert Company Llc v Generics (UK) Ltd (T/A Mylan) and Another: SC 14 Nov 2018

[2000] EWHC Patents 175 Bailii Patents Act 1977 England and Wales Intellectual Property Updated: 28 December 2021; Ref: scu.163102

IPO Genentech Inc, the proprietors of Patent Number EP(UK) 1 187 632 B1, entitled ‘Treatment with Anti-ErbB2 Antibodies’, granted on 3 December 2008, gave notice on 16 January 2014 of an offer to surrender this patent under Section 29 of the Act. At this time, the patent was also the subject of revocation proceedings in … Continue reading Genentech Inc (Patent): IPO 11 Aug 2014

IPO This decision relates to costs in revocation proceedings. In an earlier decision (BL/0326/12), the hearing officer found the claims as granted to be invalid for lack of novelty. However, revocation was subsequently avoided by amendment under section 75. The claimants were found to be entitled to an award of costs in line with the … Continue reading Tip-TopCom Ltd v Salvus Technology Limited (Patent): IPO 16 May 2013

IPO An uncontested application was filed by the patent agents of the proprietor Arvia Technology Limited under rule 10(2) of the Patents Rules 2007. As a result, it was found that Syed Hussain should be mentioned as a joint inventor along with Edward P L Roberts and Nigel Willis Brown in the published patent application … Continue reading Arvia Technology Limited, Edward P L Roberts, Nigel Willis Brown and Syed N Hussain (Patent): IPO 16 Oct 2013