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Analysis: why the Supreme Court overturned two patent specialists

James Nurton, London

Mr Justice Kitchin and Lord Justice Jacob were clear that HGS’s patent for the Neutrokine-a protein was invalid for lacking industrial application. But five Supreme Court judges today disagreed. Why?

The five judges unanimously ruled that Article 57 of the EPC does not require patent applications for new genes to provide evidence of clinical tests to show industrial application.

Article 57 says that an invention is susceptible of industrial application...

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