The Journal of Intellectual Property Law and Practice has published an article by partner Darren Smyth about claiming an invention in broad terms, in Regeneron Pharmaceuticals Inc v Genentech Inc.
The Patents Court has upheld the validity of a claim expressed in broad functional terms and, in relation to sufficiency, has, unusually, considered that the invention relates to a ‘principle of general application’ as set out by the House of Lords in Biogen Inc v Medeva plc [1997] RPC 49.
To read the JIPLP article in full, click here.