The decision in Adolf Nissen Elektrobau v Horizont Group,
handed down by the Intellectual Property Enterprise Court at the
end of last year, raises two interesting points of general
relevance in patent law, particularly in relation to areas of
technology which are heavily regulated. The decision provides an
illustration of the fact that the skilled person's common
general knowledge is geographical in scope, and therefore what is
obvious in Germany might not be in the UK. That can have
consequences when it comes to finding the right expert witness to
act in a patent case in the English courts. Secondly, it is a
useful reminder that in the English courts, only technical
obstacles, rather than commercial or regulatory obstacles, are
relevant factors in assessing obviousness.
