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Patent Invalid if No Novelty

One of the key requirements for a patent for a technical process innovation to be successfully defended is that there must be something genuinely innovative about the subject matter of the patent. There has to be 'novelty' and an inventive step.

On occasions, patent applications are granted where there is no such step. Where the subject of a patent is an obvious application of existing knowledge, the patent is subject to challenge.

In a recent case, an attempt to enforce patent rights for a method of preparation of blood plasma failed and brought about the revocation of the patent because it lacked novelty and an inventive step.

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The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.