In the case of selection patents1 the inventive step lies in the selection, from among a known class of bodies, apparatus or processes, of some which possess a special advantage. It is necessary for the validity of a selection patent that substantially the whole of the selected group should possess this advantage and that it must be peculiar to the group, or at least be possessed by only a limited class of things outside it2. Generally also, where there is no novelty in the method of preparation, the advantage should be of an unexpected character, or otherwise not obvious
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An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
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