The decision in Biogen v Medeva was handed down by the House of Lords on the night of Halloween , more than 20 years ago. The case is a landmark. That decision was based on the so-called ‘Biogen insufficiency’ principles, set down by Lord Hoffmann in Biogen v Medeva and neatly noted. Honble Shri S. Chandrasekaran, Technical Member This is an original application for revocation filed under section 64 read with section D of the Patents Act.

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When a strand of DNA has been cut with a restriction endonuclease, another fragment can be joined at that point with an enzyme called a DNA ligase.

Privy Council17 Aug In order to ascertain inventive step in a claim a hindsight view is not allowed. Gill v Birmingham City Biogn. The same admission was also recorded by the UK court at para.

Sufficiency: when is a product a product – Biogen v Medeva revisited?

These grounds do not, as such, include non-compliance with section 14 5. The court declined and held that a skilled person would have known that in case of under- voltage, it was desirable to maintain power output to the grid or even increase, if possible, to restore the network voltage to a desired value.

For the reasons given in the speech prepared by my noble and learned friend Lord Hoffmann I too would dismiss the appeal. Medeva Visual Similar Judgments. Would it have been a new idea to think of making HBV antigens at all? The UK court observed that the control system faces a lot of difficulty and challenges to momentarily manage the power, according to rapid voltage fluctuations, especially in the cases where voltage falls rapidly.


In yet other cases, many people may have a general idea of how they might achieve a goal but not know how to solve a particular problem which stands in their way. Novelty The features in the US patent in the col.

Hence, the Output power is voltage dependant and it is varied according to the signal received from the Voltage Control Unit.

Sufficiency: when is a product a product – Biogen v Medeva revisited? – Lexology

From this comprehensive reverse Biogen appeals to your Lordships’ House. The most likely method is to dump some of the power from the wind turbines because the paper uses the term ‘dissipate’.

Arguments by applicants 1. A view of the bridge: The object was to produce the largest possible fragments. Claim 2 talks about reduction in power emitted when the network voltage falls below a predefined value.

A patent will be invalid for lack of inventive step if the invention claimed in it was obvious to a person skilled in the art having regard to the state of the art at the priority date.

Hence, claim 7 does not involve an inventive step. Professor Murray invented a way of working with the genome in the dark. Privy Council09 Jul First, as we have seen, it forms part of the requirement of “support” in section 5 2 a. The power emitted to the network is less than the available generator power for network over voltage protection iv. The Claim 2 has method niogen comprising the medeca elements. The UK court found, on meeeva examination, that experts from both sides, agreed that the above feature is obvious.

The applicant submitted that the analysis of the inventive step was not done in hindsight, but in view of the state of the art at the priority i.


Aloys Wobben, the respondent a German citizen. At the outset, it was pointed out that on the date of hearing, on It was pointed out at page 75 of the revocation application in para of the UK judgement that the above said claim 2 of the impugned patent was, thus, identical to proposed claim 1 of the EP Patent.

The explanation of section 14 5 c in Asahi seems to me to provide an answer to a point which puzzled the Court of Appeal in Genentech Inc’s Patent [] R. This is done so that fall in voltage does not let the current rise above the rated current levels, thereby causing damage to the wind turbine.

For this purpose it was necessary to find the genes which coded for the antigens and insert these into a host cell which could express them in recoverable form. The industry was developing larger, more powerful and more sophisticated turbines which used power electronics to support the distribution grid.

Lord Hoffman reviewed the House of Lords decision and ultimately concluded:. Kitchin Meeeva found that the amino diol route was not obvious.

But I think that your Lordships learned enough of the detailed facts to form biogfn view that the judge’s decision was one which was open to him upon the evidence and should not have been disturbed.