How do you interpret a patent
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Written by Michael Coyle on 08 March 2014
The general principles when looking at how the courts interpret any
patent can be found at Virgin Atlantic Airways Ltd v Premium Aircraft
Interiors UK Ltd  EWCA Civ 1062,  RPC 8 at  Jacob J said
"The task for the court is to determine what the person skilled in the
art would have understood the patentee to have been using the language
of the claim to mean. The principles were summarised by Jacob LJ in
Mayne Pharma Pty Ltd v Pharmacia Italia SpA  EWCA Civ 137 and
refined by Pumfrey J in Halliburton Energy Services Inc v Smith
International (North Sea) Ltd  EWHC 1623 (Pat) following their
general approval by the House of Lords in Kirin-Amgen Inc v Hoechst
Marion Roussel Ltd  RPC 9".
(i) Consider Article 69 of the European Patent Convention.
(ii) Article 69 refers to the claims that determines the protection. It
goes on to say that the description and drawings shall be used to
interpret the claims. Jacon stated "In short the claims are to be
construed in context".
(iii) Claims are to be construed purposively - the inventor's purpose
being ascertained from the description and drawings.
(iv) It further follows that the claims must not be construed as if
they stood alone - the drawings and description only being used to
resolve any ambiguity. Purpose is vital to the construction of claims.
(v) Both purpose and meaning are different. When the invention
created the inventor may have one, generally more than one, concept.
Main thing is to focus on the language - the terms of the claims are
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Article Published/Sorted/Amended on Scopulus 2014-04-03 09:09:39 in Legal Articles