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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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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