NIPC Law

Author Rklawton   Licence   CC BY-SA 4.0   Source Wikimedia Commons   Jane Lambert Yesterday the Intellectual Property Office added a new para  125.17.8  on the Formstein defence  to its Manual of Patent Practice .  Considering that the defence is a doctrine of German law and that there has been no firm decision on whether that doctrine applies to this country, that is quite remarkable. Para 125.17.8 describes the doctrine as: "a principle developed under German patent law in relation to infringement and the doctrine of equivalents (DoE), whereby if an alleged infringer can show that an equivalent is a non-inventive variant of the claimed invention, then the patent’s scope for the purposes of determining any infringement is held to its normal construction – in other words the DoE does not apply." I have referred to the doctrine in  Patents - Technetix BV and others v Teleste Ltd . on 19 Feb 2010 and  Patents - Facebook Ireland Ltd v Vox...

 Contains public sector information licensed under the OG Licence v3.0.    Jane Lambert Patents Court (Daniel Alexander QC)  Reaux-Savonte v Comptroller-General of Patents, Designs and Trade Marks [2021] EWHC 78 (Ch) (22 Jan 2021) This was an appeal by the inventor, Corey Kaizen Reaux-Savonte, against Mr Huw Jones's decision of 19 May 2020 to uphold the examiner's objection to Mr Reaux-Savonte's patent application number GB1520019  for The Genome and Self-evolution of AI (see  Corey Kaizen Reaux-Savonte's application   O/284/20).  The appeal came on before Mr Daniel Alexander QC sitting as a judge of the High Court on 2 Dec 2020. By his judgment which he handed down on 22 Jan 2021, Mr Alexander dismissed the appeal (see  Reaux-Savonte v Comptroller-General of Patents, Designs and Trade Marks [2021] EWHC 78 (Ch) (22 Jan 2021)). The examiner had objected to the application on the ground "that the invention was nothing more than da...