Chinese Utility Models and prior art
The Court of Appeal has upheld a decision of HHJ Birss QC in the Patents County Court (now the Intellectual Property Enterprise Court) finding that the appellant’s patent for a baby buggy module was invalid for obviousness.
The respondent, Phil & Ted’s Most Excellent Buggy Company, argued that the prior art — the ‘Goodbaby’ — was such that if a skilled person were to put the disclosure into practice, without any inventive step, the resulting product would fall within the ambit of the claim of the patent in suit. The patent in suit was a buggy module, convertible between seat and cot configurations; the Goodbaby was also convertible between seat and cot configurations, so the Court of Appeal had no difficulty in concluding that a skilled person would have treated the Goodbaby as an appropriate starting point for the invention…
Click on the link below to read the rest of the Walker Morris briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Landlords must protect tenants’ deposits and provide tenants with prescribed information, regardless of when the tenancy commenced and when the deposit was received.
In the Yam Seng case, the court was willing to imply a duty of good faith to give business efficacy to a commercial contract. Since that case, the law has been somewhat uncertain.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.