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ARTICLE · 07 JULY 2022

Beware Of Field-Testing! Will The Right To Roam Be A New Problem?

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This is an interesting case from the Intellectual Property Enterprise Court in the United Kingdom concerning field testing of prototypes.

United KingdomIntellectual Property

This is an interesting case from the Intellectual Property Enterprise Court in the United Kingdom concerning field testing of prototypes. Thank you the East Anglian Daily Times for their useful summary. For the full written decision, you can refer to here: https://www.bailii.org/ew/cases/EWHC/IPEC/2021/1007.html

As stated by the patentee, Mr Claydon, this decision could have unintended consequences. 

The requirement for an invention to be patentable in the United Kingdom (and in most other countries) include the requirement that the invention is both novel (i.e. new) and inventive (i.e. not obvious) over the state of the art. The state of the art, or the "prior art" is "all matter (whether a product, a process, information about either, or anything else) which has at any time before the priority date of that invention been made available to the public (whether in the United Kingdom or elsewhere) by written or oral description, by use or in any other way."

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