- In brief: Industrial application and sufficiency threshold where the science is dubious (Oleg Iliich Epshtein v Comptroller-General of Patent, Designs and Trade Marks)
- Original news
- What was this case about?
- What did the court decide?
- What should IP & IT lawyers take note of?
IP & IT analysis: The claimed invention was of a type of ‘alternative’ medicine whose mechanism and effectiveness was not generally accepted by the scientific community as a whole. The hearing officer had rejected 11 patent applications, on the ground that the applications did not disclose a plausible explanation for the therapeutic effect. The court reversed that decision. Jonathan Gale, intellectual property barrister at St Philips Chambers, considers the case of Oleg Iliich Epshtein v Comptroller-General of Patent, Designs and Trade Marks.
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