Patent Amendment - Tehrani v Bonaduz AR
Jane Lambert Intellectual Property Enterprise Court (HH Judge Jacon) Tehrani v Bonaduz AR and others [2022] EWHC 1031 (IPEC) (18 Feb 2022) S.75 (1) of the Patents Act 1977 provides: "In any proceedings before the court or the comptroller in which the validity of a patent may be put in issue the court or, as the case may be, the comptroller may, subject to section 76 below, allow the proprietor of the patent to amend the specification of the patent in such manner, and subject to such terms as to advertising the proposed amendment and as to costs, expenses or otherwise, as the court or comptroller thinks fit." In Tehrani v Bonaduz AR and others [2022] EWHC 1031 (IPEC) (18 Feb 2022), the patentee sought to change the words "for a next breath of the patient" to "for the next breath of the patient" in one of the claims and consequential amendments of the body of the specification. The problem with the application is that it was sought after the court...