When looking at a patents challenge the question was whether the absence of a feature mentioned in the claim was ‘an immaterial variant which a person skilled in the trade would have regarded as being within the ambit of the language.’
Judges:
Fox LJ
Citations:
Unreported, 23 November 1988
Jurisdiction:
England and Wales
Cited by:
Cited – Wheatley, Bortec Limited v Drillsafe Limited, Force Group Services Plc, Foster, Foster, Carter, Davies CA 25-Jul-2000
In a claim for infringement of a patent, where variations on a patent were to be considered, the court should look to the three tests set down in Improver (‘the Protocal questions’), and the claim should be interpreted in a purposive and contextual . .
Cited – Rohm and Haas Co and others v Collag Ltd (In Receivership) and Others CA 30-Oct-2001
Patents . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 18 June 2022; Ref: scu.276754
