02 June 2017
Curt G Joa, Inc. v Fameccanica Data SpA [2017] EWHC 1251 (IPEC), [2017] All ER (D) 164 (May)
The Chancery Division dismissed the defendant’s application to amend the specifications of a patent in the course of proceedings to revoke the patent concerning disposable absorbable garments such as diapers. The application was not allowable, since it would result in the specification disclosing additional matter, within the meaning of s 76(3(a) of the Patents Act 1977, and the amended claims would lack clarity contrary to s 14(5)(b). As a result, the patent stood to be revoked.
