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Journal of Intellectual Property Law & Practice 2009 4(1):5-6; doi:10.1093/jiplp/jpn217
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© The Authors (2009). Published by Oxford University Press. All rights reserved

Current Intelligence

UK court considers the industrial application of biotech patent claims

Sebastian Moore and Christopher Sharp
Herbert Smith LLP
Email: christopher.sharp{at}herbertsmith.com

Eli Lilly and Company v Human Genome Sciences, Inc [2008] EWHC 1903 (Pat), Kitchin J, 31 July 2008

Speculative uses for a protein are not sufficient to fulfil the requirement for industrial application since a patent is not a ‘hunting licence’ to find a use for an invention.

Correspondence: Email: sebastian.moore{at}herbertsmith.com


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