Generics UK Ltd v Daiichi Pharmaceutical Co Ltd, 2009 EWCA Civ 646
Citation:Generics UK Ltd v Daiichi Pharmaceutical Co Ltd, 2009 EWCA Civ 646
Rule of thumb: If a simple experiment has yielded an extremely unlikely result, is this patentable? Yes, as a general rule this is patentable.
Judgment:
– Where there is an outcome of an experiment that surprises people this is likely to meet the test for being sufficiently novel, and this is a classical judicial dictum to express this, ‘obvious to try without any expectation of success... this oxymoronic concept has, so far as I know, no precedent in the law of patents’
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