Legal Alliance lawyers received positive decision in an unconventional dispute on amending utility patent
For a long time, Legal Alliance had been protecting the interests of a pharmaceutical company in a dispute regarding the obligation of the Ministry of Economic Development and Trade and Agriculture of Ukraine to amend the claim, since the indicated amount of one of the excipients was 1.0 mass % instead of 0.73 mass %. When representing client`s interests Legal Alliance lawyers underlined the rejection being unreasonable as well as on the fact that the error was technical and obvious, and did not extend patent protective right.
To prove the mentioned facts, the lawyers used British judges` approach according to which any numerical values shall be interpreted based on the general context in which they are used. For instance, “1" may be viewed as “one” (no more, no less), but at the same time, respective technology area experts may look at “one” as a range of values that go beyond an integral number.
In addition, court expert`s research proved that the patentee did not intend to limit lower threshold of the substance quantitative content in the claim by 1.0 mass %.
Therefore, having applied unconventional approach to prove and generate expert research question, Legal Alliance won this court case.