By Matthew Fisher
Shortlisted for the 2008 younger Authors internal Temple booklet Prize This new ebook offers a accomplished evaluation of the subject of patent declare interpretation within the united kingdom and in 3 different choose jurisdictions. It explores territory that has nice advertisement importance and but is seriously under-explored in latest works. the dual problems with the functionality of patent legislation and interpretational research of the scope of security were lately reconsidered by way of the home of Lords, and this paintings not just reports their contemporary situations but additionally seems at how the united states, German and eastern patent structures take care of the complicated difficulties offered during this region. The e-book offers a balanced technique among functional, educational and theoretical ways to say interpretation. In doing so it presents greater than an easy case research, because it allows the reader to think about the form that the legislation may still take instead of easily recounting the present place. Its novelty for that reason lies in bringing the theoretical components of the dialogue including the view of the career charged with growing the patent documentation within the first position after which viewing this within the mild of the distinctive comparative experiences. it's only through contemplating all of those parts that we start to work out a pathway for the improvement of the legislations during this sector. it is a paintings that may be a massive resource of reference for teachers and practitioners operating within the box of patent legislations.
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Additional info for Fundamentals of patent law: interpretation and scope of protection
It is not permissible, in my opinion, by reference to some language used in the earlier part of the specification to change a claim which by its own language is a claim for one subject-matter into a claim for another and a different subject-matter, which is what you do when you alter the boundaries of the forbidden territory. 21 Pressing the point, he continued: I know of no canon or principle which will justify one in departing from the unambiguous and grammatical meaning of a claim and narrowing or extending its scope by reading into it words which are not in it; or which will justify one in using stray phrases in the body of the specification for the purpose of narrowing or widening the boundaries of the monopoly fixed by the plain words of a claim.
Thus the essence of the invention resides wholly in the selection and arrangement of the parts and the manner in which they interact when arranged in accordance with the inven32 Kemp, n 12, above, at 20. He continues, listing some of the cases in which favourable reference has been made to Clark v Adie. 33 (1911) 28 RPC 181 at 217. 34 (1928) 46 RPC 23. See Kemp, n 12, above, at 22. (C) Fisher Ch1 28/8/07 16:11 14 Page 14 The British Tradition tion. It is therefore essential to the invention that it should consist of the particular parts described in the claim arranged and acting upon each other in the way described in the claim.
What is not claimed is disclaimed. The claims must undoubtedly be read as part of the entire document and not as a separate document; but the forbidden field must be found in the language of the claims, and not elsewhere. It is not permissible, in my opinion, by reference to some language used in the earlier part of the specification to change a claim which by its own language is a claim for one subject-matter into a claim for another and a different subject-matter, which is what you do when you alter the boundaries of the forbidden territory.