Patents and when is a Patent Obvious
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26 February 2009
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:
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:
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  RPC 183
"persons with practical knowledge and
experience of the kind of work in which the invention was intended to
Coyle is a Solicitor Advocate and can be contacted by email at
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Article Published/Sorted/Amended on Scopulus 2009-03-08 15:33:09 in Legal Articles