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Journal of Intellectual Property Law & Practice Advance Access originally published online on September 18, 2008
Journal of Intellectual Property Law & Practice 2008 3(11):681-682; doi:10.1093/jiplp/jpn171
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© The Author (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

The House of Lords clarifies the UK approach to obviousness

Paul England and Clare McDonald
Herbert Smith LLP, London

Conor Medsystems Inc. v Angiotech Pharmaceuticals Inc. [2008] UKHL 49, 9 July 2008

The House of Lords has confirmed that the courts should look to the patent claims and not the specification to identify the inventive step and determine obviousness. Cases where the ‘obvious to try’ test is appropriate require a fair expectation of success which is to be assessed on the relevant circumstances.

Correspondence: Email: paul.england{at}herbertsmith.com

Correspondence: Email: clare.mcdonald{at}herbertsmith.com


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