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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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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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