Volume: 12 Issue: 1
( 2012)
Keywords:
omnipharm
ltd
merial
high
court
justice
found
may
considered
obvious
try
necessarily
mean
patent
lacks
inventiveness.
high
court
Jurisdictions:
UK
Omnipharm Ltd v Merial
[2011] EWHC 3393 (Pat)
The High Court of Justice found that what may be considered 'obvious to try' does not necessarily mean a patent lacks inventiveness, a number of factors need to be considered to ascertain whether an invention involves the essential inventive step, such as in this instance whether the resulting activity is obvious or not.