- Title
- Biogen sufficiency reconsidered
- Creator
- Brennan, David
- Date
- 2009
- Type
- Text; Journal article
- Identifier
- http://researchonline.federation.edu.au/vital/access/HandleResolver/1959.17/104033
- Identifier
- vital:11013
- Identifier
- ISSN:1364-906X
- Abstract
- In 2009 the House of Lords reconsidered Biogen sufficiency – a rule in UK patent law that confers jurisdiction upon courts to revoke unduly broad patent claims. Here a quite separate reconsideration of the rule is undertaken, with a primary focus upon its provenance and its relationship to the EPC. It will be shown that Biogen sufficiency has a basis in the EPC and that this basis both: (i) inscribed a modest line of UK sufficiency authorities, and (ii) had a material, albeit background, influence upon the acceptance of the rule in Biogen v Medeva. Following this examination of its origins, a critique of the rule will be offered with a suggestion that its conceptual foundation should be reconsidered.
- Relation
- Intellectual Property Quarterly Vol. 2009, no. 4 (2009), p. 476 - 508
- Rights
- Copyright Institution of Engineers Australia
- Rights
- This metadata is freely available under a CCO license
- Subject
- Law; 1801 Law
- Reviewed
- Hits: 129
- Visitors: 130
- Downloads: 0
Thumbnail | File | Description | Size | Format |
---|