Actavis Group PTC EHF and others v ICOS Corporation and another (United Kingdom Supreme Court, 2019)

Case Description

This judgment deals with an appeal submitted to the Supreme Court of the United Kingdom (hereinafter “the Supreme Court”) that concerns an application of a test of obviousness on a dosage patent under section 3 of the Patents Act 1977. The Court held that the inventiveness of dosage patent claims needs to be determined on a case by case basis and that the routine nature of the research that resulted in the discovery of a lower efficient dose undermines the inventiveness of the claims.

Decision Year
2019
Pre-grant flexibilities
Jurisdiction