Home > Reading Room > Patents and when is a Patent Obvious

Patents and when is a Patent Obvious

Written by Michael Coyle on 26 February 2009

« Return to Reading Room

A patent can be revoked if it is obvious. Section 3 of the Patents Act 1977 provides that an invention shall be taken to involve an inventive step if it is not obvious to a person skilled in the art.

Section 14(3) of the Patents Act provides:

"The specification of an application shall disclose the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the art".

Section 72(1) of the Patents Act provides for the revocation of a patent on grounds which include:

"(c) the specification of the patent does not disclose the invention clearly enough and completely enough for it to be performed by a person skilled in the art".

Whether or nor a patent was obvious was set out in Lord Diplock's Judgement of Catnic Components Ltd v Hill & Smith Ltd [1982] RPC 183

"persons with practical knowledge and experience of the kind of work in which the invention was intended to be used".

If you'd like to know more about this article please send an email to Unknown quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

Want to speak
to someone?

Complete the form below and we’ll call you back free of charge.

Visual Captcha