The decision in Biogen v Medeva was handed down by the House of Lords on the night of Halloween , more than 20 years ago. The case is a landmark. That decision was based on the so-called ‘Biogen insufficiency’ principles, set down by Lord Hoffmann in Biogen v Medeva and neatly noted. Honble Shri S. Chandrasekaran, Technical Member This is an original application for revocation filed under section 64 read with section D of the Patents Act.

Author: Dizilkree Zulukazahn
Country: Antigua & Barbuda
Language: English (Spanish)
Genre: Environment
Published (Last): 21 May 2016
Pages: 379
PDF File Size: 5.72 Mb
ePub File Size: 7.11 Mb
ISBN: 446-7-66658-198-5
Downloads: 30344
Price: Free* [*Free Regsitration Required]
Uploader: Badal

Diastereomic salts of the amino diol the last intermediate in the synthesis of citalopram were resolved it into its enantiomers and then converted into the enantiomers of citalopram by a reaction that preserved their distinctive threedimensional structures.

The earlier publication must, for this purpose, be interpreted as at the date of its publication, having regard to the surrounding circumstances medevw then existed, and without regard to subsequent events.

There was a problem providing the content you requested

It is however important to notice the relationship between medeca requirement of “support” in section 5 2 a and certain other provisions of the Act which share the concept of an enabling disclosure. It generalises what Professor Murray had done in two ways. Attention was invited to page 32 last paragraph and page 33 first few lines, which indicate that network fluctuations, occurring due to large amounts of power being drawn by the consumers, can lead to a low voltage situation.

A polypeptide which causes the immune system to produce an antibody is said to display “antigenicity. Criteria for Common General Knowledge It is important to have a clear understanding of the meaning of the common general knowledge. The reason medeba well be that stated in the patent, namely the skilled man was put off by introns. The question as to whether the invention as claimed, is obvious has to be judged from the view point of the person skilled in the art.

The emitted power is reduced before reaching a minimum network voltage value Umin after falling below a specific network voltage value P3. But once the DNA had been sequenced, no one would choose restriction enzymes on this basis.

More than the patentee deserves? No problem – The IPKat

And it is also further Ordered, That the fees and expenses payable to the Specialist Advisers appointed under Standing Order XIV be paid by both parties meedeva equal shares.


I shall enlarge upon these problems in the next section. The said order had been annexed to the revocation application as Exhibit-2 at page 45 of the application.

The applicant is a joint venture company. But there were concerns about mdeeva safety of such vaccines and supplies were limited by the number of donors.

Sufficiency: when is a product a product – Biogen v Medeva revisited?

The judge founded his decision entirely upon the decision of the House of Lords in Biogen v Medeva [] RPC 1, which he subjected to a careful and detailed analysis. In the case of a process claim, it means working the process. In that case, the inventive idea will be doing the new thing. In the Act, this function was performed by another ground for revocation, namely that the claim was not “fairly based on the matter disclosed in the specification” section 32 l i.

But the draftsmen of the Convention and the Act, as well as counsel at the bar, were unable to think of any examples. For instance he may invent a new glue, specified in his claim by its chemical composition. The Claim 2 has the method features having the following elements: In the present case, I think that Medeva’s counsel was right to resist the invitation of the Court of Appeal to make submissions on whether the claims constituted an invention.

City Research Online – Biogen v Medeva

Phillip Charles Taylor, dated 9 The concept of an enabling disclosure is central to the law of patents. It does not however follow that he was inventive. In either case, they cause the cell to make the proteins encoded by their DNA. The NPL-Document discussed grid reinforcement as a method of improving weak systems. These are circular DNA medeeva called plasmids and the DNA of viruses which infect bacteria “bacteriophages” or “phages”.

Shiro Kanao of Ibaraki city, para B in pageit was held that, person interested must be a person who has a direct, present and tangible commercial interest which was injured or affected by the continuance of the patent on the register. Therefore this patent does not disclose the teaching of patent IN So all that Lundbeck “invented” – contributed to the art – was a particular way of making it. The scope of the claims is not sufficiently and clearly defined [Section 64 1 i ] 3 The applicant stated that they are one of the foremost leaders in the wind energy sectors in India and they manufacture and install wind turbines all over India and thus they are an interest person within the meaning of the Section 64 of the Act.


The UK court interpreted the scope of the claim by discussing various portions of the claim and concluded on page 78, of the revocation application paraof the UK judgement that the claim does, in fact, relate to de-rating, that is to say, a greater reduction in power emitted by a wind turbine, than is strictly necessary, to prevent damage to the electrical circuits.

The IPKat’s most-read posts in the past 30 days. Professor Murray also faced a difficulty which Dr Villa-Komaroff had been able to avoid.

The jurisdiction to test the validity and legality of the Board resolution does not rest with this Appellate Board. To anticipate a patent, a prior publication or activity must contain the whole of the invention impugned, i. But the disappearance of “lack of fair basis” as an express ground for revocation does not in my view mean that general principle which it expressed has been abandoned.

It was pointed out that the question of obviousness will have to be considered taking the following four steps, namely, i. The need to provide a controllable power output means it is necessary to account for these fluctuations. Ordinary product claims will not be affected by the Biogen decision.

Get 1 point on providing a valid sentiment to this Citation. Double V-ictory for Louis Vuitton. The argument before Aldous J. The complete specification does not sufficiently and fairly describe the invention. The specification discloses, as has been admitted by respondent at paragraph 9.

The same admission was also recorded by the UK court at para. Initially, 13 different possible techniques described in the literature were unearthed at trial and, although Kitchin J found that the skilled person would not have known about all of them, that still left several that he could and might try.

It should then have been possible to discover where the relevant gene was and whether it contained introns or not. Again, I think that this is not a sufficiently specific way of stating the inventive concept.

What Lundbeck discovered was one way of making it. Privy Council17 Aug There has been no mention anywhere in the full specification regarding the expression network voltage nominal value, network voltage value for P1 and P3, details about voltage sensors; and about the carrying out of 70 reduction in voltage.