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A case-study in literalism? Dissecting the English approach to patent claim construction in light of Occlutech v AGA Medical

Fisher, Matthew; (2011) A case-study in literalism? Dissecting the English approach to patent claim construction in light of Occlutech v AGA Medical. Intellectual Property Quarterly , 3 pp. 283-303. Green open access

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Abstract

The decisions of the Court of Appeal and the judge at first instance in Occlutech v AGA Medical Corp shed important light on the English courts' approach to patent claim construction. More palpably than any other case in recent years they illustrate why the prevailing attitude of the courts, following behind the House of Lords judgment in Kirin-Amgen,1 may demonstrate an unarticulated bias towards adopting a literal interpretation of the claims. The decisions are also noteworthy for their explicit reference to, and reliance upon, dictionary definitions of the words in issue when determining the patent's scope. Additionally the judgments provide proof, if proof were needed, that equivalency as a tool in patent construction is a concept that is as dead as Mr Palin's infamous parrot.

Type: Article
Title: A case-study in literalism? Dissecting the English approach to patent claim construction in light of Occlutech v AGA Medical
Open access status: An open access version is available from UCL Discovery
Publisher version: http://www.sweetandmaxwell.co.uk/Catalogue/Product...
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions
Keywords: Claim construction, Declarations of non-infringement, European patents, Medical equipment, Patent claims
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1379526
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