Dyson Applicances Ltd v Hoover Ltd, 2002 RPC 22, EWCA
Citation:Dyson Applicances Ltd v Hoover Ltd, 2002 RPC 22, EWCA
Rule of thumb:Is a new product generating revenues in the marketplace & beating existing competitors evidence that a patent should be granted? Yes, this is significant evidence in arguing that a patent should be granted.
Judgment:
There is a school of thought that when considering whether a new product is novel or not, the most important factor above all, is considering if the new product is likely to generate a lot of commercial revenues with a patent then or not, ‘... commercial realities cannot necessarily be divorced from the kinds of practical outcome which might occur to the skilled addressee as worthwhile...’
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.