05 March 2009
Generics (UK) Ltd v H Lundbeck A/S [2009] UKHL 12, [2009] All ER (D) 258 (Feb)
Where a patent claim relates to a product, rather than a method, the patent is not liable to revocation on the ground of insufficiency under s 72(1)(c) of the Patent Act 1977 if the only inventive step involved in the product consists in the method by which it is made available and if its description and specification disclose only that inventive method and superior methods are found by others which owe nothing to that method.
