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23 March 2012
Issue: 7506 / Categories: Case law , Law digest , In Court
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Patents

Gedeon Richter plc v Bayer Pharma AG [2012] EWCA Civ 235, [2012] All ER (D) 87 (Mar)

It was well established that the task for the court in considering the issue of added matter was first: (i) to ascertain through the eyes of the skilled addressee what was disclosed, both explicitly and implicitly in the application; (ii) to do the same in respect of the patent; and (iii) to compare the two disclosures and decide whether any subject matter relevant to the invention had been added whether by deletion or addition. The comparison was strict in the sense that the subject matter would be added unless such matter was clearly and unambiguously disclosed in the application. Second, it was appropriate to consider what had been disclosed both expressly and implicitly. Third, the idea underlying the prohibition was that an applicant should not be allowed to improve his position by adding subject matter not disclosed in the application, which would give him an unwarranted advantage and could be damaging to the legal security of third parties relying on the

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NLJ Career Profile: Daniel Burbeary, Michelman Robinson

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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