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Patents and when is a Patent Obvious

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Lawdit Solicitors - Expert Author

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26 February 2009

A patent can be revoked if it is obvious. Section 3 of the Patents Act 1977 provides that an invention shall be taken to involve an inventive step if it is not obvious to a person skilled in the art.

Section 14(3) of the Patents Act provides:

"The specification of an application shall disclose the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the art".

Section 72(1) of the Patents Act provides for the revocation of a patent on grounds which include:

"(c) the specification of the patent does not disclose the invention clearly enough and completely enough for it to be performed by a person skilled in the art".

Whether or nor a patent was obvious was set out in Lord Diplock's Judgement of Catnic Components Ltd v Hill & Smith Ltd [1982] RPC 183

"persons with practical knowledge and experience of the kind of work in which the invention was intended to be used".

Michael Coyle is a Solicitor Advocate and can be contacted by email at michael.coyle@lawdit.co.uk


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2009-03-08 15:33:09 in Legal Articles

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