Patents: Smith & Nephew Plc v Convatec Technologies Inc.
In " Educating Samuel: No. 1 Added Matter " 4 Nov 2008 IP Northwest, I explained what is meant by "added matter." There are not many cases on added matter. One such was Smith & Nephew Plc v Convatec Technologies Inc . [2012] EWHC 1602 (Pat). The Context This was an application by Smith & Nephew to revoke Convatec's European Patent (UK) No. 1,343,510 entitled "Light Stabilized Antimicrobial Materials" on various grounds. In the course of the proceedings Convatec conceded that the patent was invalid and applied to amend. Smith & Nephew objected to the amendments on the ground that they constituted added matter contrary to s.76 (3) of the Patents Act 1977 . They also argued obviousness and insufficiency. The Section S.76 of the Act provides as follows: " Amendment of applications and patents not to include added matter 76.-(1) An application for a patent which - (a) is made in respect of matter disclosed in an earlier ap...