05 February 2009
Dyson Technology Ltd v Samsung Gwangju Electronics Co Ltd [2009] EWHC 55 (Pat), [2009] All ER (D) 164 (Jan)
(a) In order for an item of prior art to deprive a patent claim of novelty, (i) the prior art must disclose subject matter which, if performed, would necessarily infringe that claim, and (ii) the prior art must disclose that subject matter sufficiently to enable the skilled addressee to perform it; (b) A patent will be invalid for lack of inventive step if the invention claimed in it was obvious to a person skilled in the art, having regard to the state of the art at the priority date.
