The decision in Biogen v Medeva was handed down by the House of Lords on the night of Halloween , more than 20 years ago. The case is a landmark. That decision was based on the so-called ‘Biogen insufficiency’ principles, set down by Lord Hoffmann in Biogen v Medeva and neatly noted. Honble Shri S. Chandrasekaran, Technical Member This is an original application for revocation filed under section 64 read with section D of the Patents Act.

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Narayanan, it could be clearly seen or stated that there are three grounds upon which the opponent can establish his locus Standi to oppose the grant of patent or to seek the revocation of the patent, which are mainly.

The subordinate claims 10 is dependent on claim 9.

Biogen Inc v. Medeva Plc | United Kingdom House of Lords | Judgment | Law | CaseMine

The meaning of the term suit also depends on the context of its user which in turn, amongst other things, depends on 7 the Act or the rule in which it is used. So its patent claim should be correspondingly limited. Their primary object is to limit and not to extend the monopoly.

Under these circumstances, it cannot be said that Mr. It generalises what Professor Murray had done in two ways. Mehra was authorized by the Board resolution dated to sign the pleadings i. Medvea power emitted to the network is less than the available generator power for network protection.

Sufficiency: when is a product a product – Biogen v Medeva revisited? – Lexology

You will receive an e-mail asking you to confirm your subscription. Pubblicato da Jeremy a 6: Professor Murray began bioben in the spring of that year and in November reported that he had produced two of the known HBV antigens in colonies of niogen bacteria. What needs to be disclosed sufficiently to enable it to be performed is the invention as defined in the claim.


This means that it would not be effective when the voltage drops severely such as during fault conditions. He essentially saw one product claim as being very much the same as any other product claim but, that clearly was not the case and was expressly spelled out by Lord Hoffman in his judgment. The subordinate claim 11 is dependent on method claim 3. Merpel says, so nothing has really changed, it seems.

The House was invited to undertake a minute examination of the facts with a view to restoring the findings of the judge. When X invents a drug to cure disease Y, he can have a patent for the biogn molecule M, as such, because it just isn’t very likely that another company will want to use molecule M for any unrelated purpose. Is it a bird? By mwdeva were several ready-made vectors available which could be used to introduce chosen fragments of DNA into bacteria in order that they would replicate and provide large quantities of the foreign gene.

But the inventiveness alleged in this case is of a very unusual kind. A polypeptide which causes the immune system to produce an antibody is said to display “antigenicity.

Richmond v Selecta Systems Ltd. Bishwanath Prasad Radhey Shyam vs. Artists’ medevq rights – a report, a consultatio A method for operating a wind power system having an electrical generator, which can be driven by a rotor, for emitting electrical power bipgen an electrical network 6in particular to loads 8 which are connected to this network, characterized in that the power which is emitted from buogen generator, to this network 6 is controlled as a function of an electrical voltage which is present at the network 6in medevz an amount of power which is less than the available generator power from the wind power system is emitted for network protection, and in that the amount of power which is emitted is reduced even before reaching a defined minimum network voltage value Umin.

Such a person is not supposed to have exceptional skill and knowledge and he is not expected to exercise any invention or any prolonged research, enquiry or experiment. If your Lordships are agreed that, lacking the support of an earlier priority date, the patent is invalid for obviousness, it is unnecessary to consider whether it was also invalid for insufficiency and therefore liable to be revoked under section 72 1 c. Mehra has mefeva authority to sign the pleadings.


History of the proceedings and legal issues. The UK Court examined the validity of both EP patent and EP patent on various grounds such as obviousness, novelty, added matter, sufficiency. It did not follow that one could by similar means express all, or indeed any, other eukaryotic proteins.

The voltages v01, v02, v03 being sensed at the output of the filters, is substantially the same as that of the network grid voltage. Log In India UK. The general idea of expressing the gene for a polypeptide displaying HBV antigen specificity in a suitable host was, as I have said, bioven widely entertained. This is entirely in accordance medev what one would expect. F refers to AC motors or generators where the primary winding is connected to the power system and the secondary winding is connected to a power electronic converter.

Sufficiency: when is a product a product – Biogen v Medeva revisited?

This device is aimed at assisting with network voltage control under normal conditions. They claimed revocation of the patent on medeeva grounds: Again such knowledge need not even be found in a particular document. This had been done with some success.

Tabur Marine Great Britain Limited. It describes how the power factor and torque of the wind turbine can be controlled and mentions a number of parameters that are sensed such as pitch angle, generator rotational speed, stator currents and the voltages of the output electricity. Then such knowledge mexeva be sufficient to invalidate a patent. Eukaryotic DNA had been found to contain sequences of nucleotides which did not seem to code for anything.