Court : House of Lords
..... section 125 defines the extent of "the invention": "(1) for the purpose of this act an invention for a patent for which an application has been made or for which a patent has been granted shall, unless the context otherwise requires, be taken to be that specified in a claim of the specification of the application or patent, as the case may be, as interpreted by the description and any drawings contained in that specification, and the extent of the protection conferred by a patent or application for a patent ..... (given effect in united kingdom domestic law by section 60(1)(c) of the act): "if the subject-matter of the european patent is a process, the protection conferred by the patent shall extend to the products directly obtained by such process." 90. ..... , however, the practice before 1977 in infringement proceedings (validity is determined by a different court) was commonly to treat the claims as a point of departure ("ausgangspunkt") in determining the extent of protection, for which the criterion was the inventive achievement ("erfinderische leistung") disclosed by the specification as ..... i/polypeptide expression (t 292/85) [1989] oj epo 275, the patentee claimed in general terms a plasmid suitable for transforming a bacterial host which included an expression control sequence to enable the expression of exogenous dna as a recoverable polypeptide. ..... the technology for manufacturing proteins ("polypeptides") by the expression of recombinant dna developed rapidly after the mid-1970s .....
Tag this Judgment!Court : House of Lords
..... in the second place it is a sheer begging of the question to say that in this case " the claims could originally have been separated up without difficulty ", if by that is meant that the comptroller, having the knowledge of this art and of the facts which this case has disclosed, ought to have treated the invention of a group having a general therapeutic value as the same thing as the invention of a specific drug having a particular therapeutic value, and ought accordingly to have granted one patent to cover them both. ..... " but if, as i think, these substances are separate inventions it may nevertheless be the case that, having regard to their close chemical affinity and the disclosed methods of manufacture, there would be good ground for considering them cognate inventions or modifications, one of the other, capable of being regarded as constituting a single invention under section 16 of the act. ..... it seems to have been forgotten that they were the basis of a patent grant just because they were treated as statements of fact, and that they were put into the specification and followed by commensurate claims for the purpose of obtaining a monopoly in the large field covered by the claims. ..... on the 12th september, 1946, the respondents, having obtained the necessary authority from his majesty's attorney-general, presented a petition for revocation of the patent. .....
Tag this Judgment!Court : House of Lords
..... but as the argument in the appeal has progressed i have formed the view that the appellants can succeed only if they persuade your lordships that there is a general principle in epc article 84 and section 14(5)(c) of the patents act 1977 that requires a product claim to a single chemical compound to be restricted to the inventions technical contribution to the art, and that that means the inventive concept (in this case the diol intermediate process). ..... it is hard to discern any statutory provision (or, by the same token, any provision in the epc) to support the proposition that, once it has been established that a product claimed in a patent is novel and non-obvious, and the specification sufficiently explains to the person skilled in the art how to make it, the claim can nonetheless be rejected because there may be other ways of making the product which owe nothing to the teaching of the patent. 81. ..... having isolated the (+)-enantiomer and established that it was a substantially more effective ssri than the racemate, the respondent applied for, and obtained, the patent the subject of the present appeal, ep (uk) 0,347,066. ..... lord oliver of aylmerton, with the agreement of the rest of the house (and with lord jauncey of tullichettle delivering a concurring opinion), seems to have treated the requirements of section 14(3) as necessarily including those of section 14(5)(c). .....
Tag this Judgment!Court : House of Lords
..... the remaining defence of section 38 of the patents and designs act 1907 which involves a question of construction which, i confess, has caused me considerable difficulty, i have reached the conclusion, for the reasons which have been stated by my noble and learned friend, lord oaksey, that the courts below were right in holding that this defence did not avail the respondents in the present case ..... against tungsten electric company limited, that the committee had heard counsel, as well on wednesday the 20th, thursday the 21st, monday the 25th, tuesday the 26th, wednesday the 27th and thursday the 28th days of april last, as on monday the 2nd and tuesday the 3d, days of may last, upon the petition and appeal of tool metal manufacturing company limited, of 3 the sanctuary, westminster, in the county of london, praying, that the matter of the order set forth in the schedule thereto, namely, an order of ..... become notorious that patentees were seeking by virtue of their patents to obtain a collateral advantage by imposing conditions upon licensees such as that the patented article should not be used save in conjunction with some other article produced by the patentee or that the patented article alone should be used or that the user should purchase his raw materials from the patentee: see terrell 9th edition p. ..... with all respect, the fallacy of this argument consists in treating the arrangement found to exist by the court of appeal in the first action as an ..... the outbreak of war the control .....
Tag this Judgment!Court : House of Lords
..... section 1(1)(a) of the patents act 1977 provides that a patent may be granted only for an invention which is new. ..... the most relevant provisions of the patents act 1977 are sections 1, 2, 3, 5 and 14. ..... of, or clear instructions to do or make, something that would infringe the patentee's claim if carried out after the grant of the patentee's patent, the patentee's claim will have been shown to lack the necessary novelty the prior inventor, however, and the patentee may have approached the same device from different starting points and may for this reason, or it may be for other reasons, have so described their devices that it cannot be immediately discerned from a reading of the language which they have respectively used that ..... after setting out the arguments of the parties and saying that clear guidance could be obtained from the general tire and union carbide cases (to which i have referred above) the judge went on: "there are no clear and unmistakeable directions to make pms as claimed in claim 1 of the patent as required by the general tire case. ..... paroxetine is a compound used to treat depression and related disorders. .....
Tag this Judgment!Court : House of Lords
..... in the case of some intellectual property rights, an exclusive licensee has a statutory right of action: see, for example, section 67(1) of the patents act 1977. ..... in holding that a bank, which paid part of what it owed its customer to some other person not authorised to receive it, had converted its customer's chattels; but a series of decisions binding on this court, culminating in morison's case and underwood's case [[1924] 1 kb 775] have surmounted the difficulty by treating the conversion as of the chattel, the piece of paper, the cheque under which the money was collected, and the value of the chattel converted as the money received under it: see the explanation of phillimore lj in morison's case [cited above]" 106. ..... on the economic torts, the most important difference is in the identification of the control mechanism needed in order to stop the notion of unlawful means getting out of handfor example, a pizza delivery business which obtains more business, to the detriment of its competitors, because its drivers regularly exceed the speed limit and jump red lights. ..... if the defendant deliberately turned a blind-eye and proceeded regardless he may be treated as having intended the consequence he brought about. .....
Tag this Judgment!Court : House of Lords
..... . the statutory language in sub-section (8)(a) has been considered in a number of cases and raises the question whether a claimant, in order to obtain the extended period of three years, need show no more than a lack of knowledge of an allegedly negligent act or omission that is a link in the causation chain leading to the damage, and regardless of the importance of that link in the chain ..... also complaints that fawcetts failed to advise the claimants as to the prospective acquisition generally and more specifically as to the prudence of acquiring a controlling interest in hal and subsequent investment therein (paragraph 19); that they failed to advise as to the correct basis for an evaluation of hal, as to its proper value and as to the proper consideration for a 60% controlling shareholding (paragraph 20), that they failed to advise as to the tax advantages of incorporating hal as a subsidiary of the second claimant, so that hal losses could be set against the second claimant's profits ( ..... claim might lie against fawcetts for negligence " and, later, that "that investigation [viz "to isolate the causal link between the acts and omissions alleged against fawcetts and the losses"] did not even commence until may 1999 - apparently as a consequence of mr hughes' involvement " these statements are, as the court of appeal thought, in apparent tension with the judge's later conclusion that the claimants had not established that they first knew that they had any claim .....
Tag this Judgment!Court : House of Lords
..... section 2 of the mental health act 1983 is incompatible with article 5(4) of the convention in that it is not attended by adequate provision for the reference to a court of the case of a patient detained pursuant to section 2 in circumstances where a patient has a right to make application to a mental health review tribunal but the patient is incapable of exercising that right on his own initiative; (ii) section 29(4) of the 1983 act is incompatible with article 5(4) of the convention in that it is not attended by provision for the reference to a court of the case of a patient detained pursuant to section 2 of the act whose period of detention is extended by the operation of section ..... application may be made to the local county court, usually by an approved social worker, on the grounds set out in section 29(3), inter alia: "(c) that the nearest relative of the patient unreasonably objects to the making of an application for admission for treatment or a guardianship application in respect of the patient; or (d) that the nearest relative of the patient has exercised without due regard to the welfare of the patient or the interests of the public his power to discharge the patient from ..... treated as if the patient had made an application, so that the patient has the same rights within it as she would if she herself had initiated the ..... the mother having refused entry to the home so that mh's mental health could be assessed, a warrant under section 135 of the 1983 act was obtained .....
Tag this Judgment!Court : House of Lords
..... section 40(1) of the court of session act 1988 provides that that it shall be competent to appeal from the inner house to the house of lords: "(a) without the leave of the inner house, against a judgment on the whole merits of the cause, or against an interlocutory judgment where there is a difference of opinion among the judges or where the interlocutory judgment is one sustaining a dilatory defence and dismissing the action; (b) with the leave of the inner ..... the probe portion for heating fluid in which the probe portion is immersed, said meter additionally including monitoring means for monitoring the temperature rise of fluid heated by the said heating means so as to indicate the boiling point temperature of the fluid, characterised in that said probe includes a casing defining a housing wherein a portion of the fluid to be tested is semi-encapsulated, the temperature monitoring means sensing the temperature of fluid in the housing heated by the heating ..... obtained a patent for this device, with priority date 10 may 1994 and naming mr mills as the ..... an option exercisable on the same notice to exchange the debt for interests in innovations, another company controlled by mr buchanan and certain ..... the first of these was a minute of agreement dated 20 august 1992 made between mr buchanan, innovations (called "the company") and mr mills by which it was agreed that 100,000 would be repaid to mr mills and the remaining 400,000 treated as an interest-free loan to innovations repayable .....
Tag this Judgment!Court : House of Lords
..... it is about how you identify the concept embodied in the invention which may constitute the inventive step for the purposes of article 56 of the epc and section 1(1)(b) of the patents act 1977. 4. ..... in summary, therefore, the claimants case is that it is sufficient for the purposes of invalidating the claims of the patent in suit that the interventional cardiologist, in consultation with someone of skill and experience in the field of anti-mitotic drugs of one sort or another, would see paclitaxel (taxol) as worth experimentation. ..... the case of johns hopkins university school of medicine case no t 1329/04 deals with the question of whether the use which may be made of the claimed product (ie that which may constitute the inventive step) must be stated in the specification or can be proved by later evidence. ..... but their use on stents comes next, as is made clear by the introductory paragraph of the description: the present invention relates generally to compositions and methods for treating cancer and other angiogenic-dependent diseases, and more specifically, to compositions comprising anti-angiogenic factors and polymeric carriers, stents which have been coated with such compositions, as well as methods for utilizing these ..... to fund the research, drs hunter, arsenault and machan formed angiotech and obtained a grant from the science council of british columbia. 9. .....
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