Journal Article

The House of Lords clarifies the UK approach to obviousness

Paul England and Clare McDonald

in Journal of Intellectual Property Law & Practice

Volume 3, issue 11, pages 681-682
Published in print November 2008 | ISSN: 1747-1532
Published online September 2008 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpn171
The House of Lords clarifies the UK approach to obviousness

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The House of Lords has confirmed that the courts should look to the patent claims and not the specification to identify the inventive step and determine obviousness. Cases where the ‘obvious to try’ test is appropriate require a fair expectation of success which is to be assessed on the relevant circumstances.

Journal Article.  1281 words. 

Subjects: Arbitration ; Intellectual Property Law

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