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Obviousness—patent for traffic sign must give way (Adolf Nissen Elektrobau v Horizont)

Obviousness—patent for traffic sign must give way (Adolf Nissen Elektrobau v Horizont)
Published on: 09 January 2020
Published by: LexisPSL
  • Obviousness—patent for traffic sign must give way (Adolf Nissen Elektrobau v Horizont)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

IP analysis: This case considered the novelty of a patent for 'mobile warning device for road traffic' and concluded that it was invalid for obviousness over the prior art. In the judgment, Judge Hacon provides some useful pointers on applying the Pozzoli test for the inventive step by analysing how a person skilled in the art would approach the existing corpus of prior art. The matter also tackles the question of obviousness of an invention within a heavily regulated sector. Ultimately Judge Hacon found that the patent at issue was invalid for lack of inventive step. Written by Philip Partington, director at Virtuoso Legal, and Ellie Wilson, trainee solicitor at Virtuoso Legal. or take a trial to read the full analysis.

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