P6

Question 1

How is ‘the art’ defined?

Answer 1

By the title and the opening paragraph, i.e., “the invention relates to…”.

Question 2

How should the interpretation of a conventional word like ‘comprising’ be addressed?

Answer 2

By explaining how the word is understood, then stating “because this is the conventional meaning of the word in a patent claim, and the skilled reader would know that”.

Question 3

How is the word ‘for’ understood in a claim?

Answer 3

‘For’ is generally understood as meaning ‘suitable for’ rather than ‘specifically intended for’.

“‘For’ means ‘suitable for’ and includes anything that could perform the purpose, even if not in a totally ideal way, without major modification”.

Question 4

How should the word ‘comprises’ be understood?

Answer 4

The ‘repercussive’ effect is useful, since if the sub-claims introduce further features, then the ‘comprises’ of the main claim must be ‘open’ (i.e., means ‘at least includes these features, and may possibly include other features as well’), and logically the remaining uses of the term will most probably be ‘open’ as well.

“‘Comprises’ is an ‘open’ word, meaning ‘includes at least’, because a dependent claim includes another component (repercussive effect)”.

“‘Comprises’ is an ‘open’ word, meaning ‘includes at least’ because the described embodiment includes other components and the described embodiment would be expected to be inside the claim”.

Question 5

How should false antecedents be dealt with?

Answer 5

The inconsistency should be addressed, and possibly the suggestion should also be made that the claim should be amended. If the chain of dependency is wrong, it should also be pointed out that the dependent claim has been understood in a way that it makes sense.

“…the skilled person will immediately see there is an error”.

Question 6

How should ‘means for’ be dealt with?

Answer 6

A decision should be made as to whether the phrase is broad or narrow, and the decision should be justified.

Question 7

What are the three classes of word/phrase/point of difficulty that appear in the claims of a P6 paper?

Answer 7

1) Terms that are not relevant to the scope of the claim (e.g. because they appear in all documents), these can be dealt with briefly by saying that they take their ‘usual meaning’ or that the ‘term is clear in the context’.
2) Terms which are relevant to the scope of the claim, but which are clear on considering the text and/or drawings of the specification. These are terms that should be discussed, and where you should give your reason, identifying precisely where you find evidence in support of your conclusion;
3) Terms which are relevant to the scope of the claims which have more than one potential meaning based on the text of the specification. These are ‘balance-points’. The examiner does not mind which way you decide a ‘balance-point’, but the reasons for reaching a conclusion should be given, identifying the evidence relied on.

Question 8

How should made-up phrases such as ‘a one-handed coupling’, or restrictions such as ‘a garden saw’, be dealt with?

Answer 8

Points of this type are most likely to be ‘balance points’, and consequently it doesn’t matter what conclusion you reach, provided that you justify your conclusion in some tangible way.

Question 9

How should a relative term be dealt with?

Answer 9

The term may reasonably be construed to include all of the described examples, and to exclude the described prior art, which might help to define a useful border as to what is in and what is out. The underlying purpose of the parameter may lead to a definition of the border of the relative term. Evidence for this must come from the patent or the acknowledged prior art or the common general knowledge of the skilled person.

Question 10

How should the interpretation of a feature in the patent be approached that is identical, or virtually identical, to one in the infringement and/or prior art disclosures?

Answer 10

In this case there is no need for an extensive construction of the relevant wording.

Question 11

What should be considered when interpreting a single-ended range?

Answer 11

• If the range is ‘up to’ or ‘less than’, then is it essential that there is at east some of whatever is being referred to, or will everything be all right if there is none at all?
• If the range is a ‘more than’ range, how high up could you realistically go with the invention still working and still providing some sort of advantage?

Question 12

What was the approach adopted in Smith & Nephew Plc v Convatec Technologies Inc & Anor [2013] EWHC 3955 with regard to ranges?

Answer 12

Justice Birss adopted the “significant figures” approach, where a range boundary should include everything equal to the boundary to one significant figure, calling it “the natural approach of the skilled person”.

Question 13

How should ‘fudge’ words such as ‘about’, ‘approximately’ and ‘substantially’ be dealt with?

Answer 13

Look closely at the examples to see how far the specific examples are removed from the language of the claim. This may give you an ides of the degree of ‘stretch’ provided by the fudge word.

Question 14

What should the approach be if there are two independent Claims?

Answer 14

Look at them very closely, to see where the language used is the same and where it differs. Often words that were critical to your interpretation of the first independent claim have been changed or omitted, so that the effective scope of the second independent claim is very different to that of the first.

Question 15

What if there is no statement of invention, or the statement of invention differs from the language of the claim? Or, if words that are of crucial importance do not appear in the text of the patent at all?

Answer 15

This can often make the task of interpreting the claims more difficult, but gives an opportunity to suggest that the invention(s) of the claims are not sufficiently described in the specification.

Question 16

Is it possible to have broad claims and a single embodiment?

Answer 16

Yes, if it would be in the ambit of the skilled person to develop the described embodiment to become other embodiments across the scope of the claims without providing any inventive input. However, there may well be an argument, in such a situation, that a description of a single embodiment is not an ‘enabling’ description of the
broad invention claimed.

Question 17

According to the Patents Act 1977, how should the claims be interpreted?

Answer 17

SECTION 125

The claims should be interpreted by the description and drawings, and the Protocol on the Interpretation of Article 69 of the EPC applies.

Question 18

What are the ‘Protocol Questions’?

Answer 18

1) Does the variant have a material effect upon the way the invention works? If ‘yes’, the variant is outside the claim. If ‘no’ -
2) Would this (i.e. that the variant had no material effect) have been obvious at the date of publication of the patent to a reader skilled in the art? If ‘no’ the variant is outside the claim. If ‘yes’ -
3) Would the reader skilled in the art nevertheless have understood from the language of the claim that the patentee intended that strict compliance with the primary meaning was an essential requirement of the invention? If ‘yes’, the variant is outside the claim.

Improver Corp. v Remington [1990] FSR 181

Question 19

According to Lord Justice Jacob in Ancon, how should the claims be construed?

Answer 19

The claims should be construed purposively, with the inventor’s purpose being ascertained from the description and drawings. This can lead to the conclusion that a technically trivial or minor difference between an element of a claim and the corresponding element of the alleged infringement nonetheless falls within the meaning of the element when read purposively. This is not because there is a ‘doctrine of equivalents’, it is because it is the fair way to read the claim in context.

Ancon Limited and ACS Stainless Steel Fixings Limited [2009] EWCA Civ 498

Question 20

Does the skilled person read a claim to distinguish it from prior art known to the applicant and acknowledged in the patent?

Answer 20

No, even though the skilled reader knows that the patentee is trying to claim something that is new, and will be averse to ascribe the claim a meaning which covers that which the patentee acknowledges as old, there is no rule that because prior art is referred to in the specification it cannot be found to have anticipated the invention claimed.

Tate & Lyle Technology Ltd and Roquette Frères [2010] EWCA Civ 1049

Question 21

What does Virgin Atlantic Airways indicate as to how the skilled person would construe a European claim with a two-part form and reference numerals?

Answer 21

The skilled person knows that while the ‘characterised’ may expect to divide an acknowledgement of the prior art from the new or inventive part of the claim this is not necessarily so, and while numerals may help identify the components of the preferred embodiment specified by the phrases of the claim, the numerals must not be used to limit the claim in any way.

Virgin Atlantic Airways Ltd v Premium Aircraft Interiors UK Ltd. [2009] EWCA Civ 1062

Question 22

What are Swiss-type claims?

Answer 22

Swiss-type claims are process claims:

“use of product X in the manufacture of a medicament for the treatment of indication Y”

Question 23

According to BOS GmbH what is the ‘common general knowledge’ of the skilled person?

Answer 23

The ‘common general knowledge’ of the skilled person is considered to be all of the knowledge that is generally known and generally regarded as a good basis for further action by the bulk of those engaged in the art. While the skilled person is considered to know of the existence of some earlier products similar to the invention, that knowledge does not extend to the inner workings of those products.

BOS GmbH & Co KG and Cobra UK Automotive Products Division Ltd [2012] EWPCC 38

Question 24

Is the scope of a Swiss-type claim broad enough to cover the use of the claimed compound during the manufacture of a medicament, even if the claimed compound is no longer present in the medicament itself?

Answer 24

No. The skilled person appreciates that a Swiss-type claim should be construed as being directed to the use as an active ingredient for the manufacture of a medicament that includes that ingredient, as to construe the claim otherwise would render the claim vulnerable to an attack of insufficiency.

Ranbaxy (UK) Limited and AstraZeneca AB [2011] EWHC 1831

Question 25

What is infringement?

Answer 25

Infringement of a UK patent occurs if a validly patented product or process is exploited within the UK without the patentee’s consent in the absence of a valid defence.

Question 26

What is the traditional test to determine if there has been a breach of confidence?

Answer 26

1) The information must have the necessary quality of confidence about it;
2) The information must have been imparted in circumstances imposing an obligation of confidence;
3) There must be a unauthorised use of that information to the detriment of the party communicating it.

Coco v A N Clark (Engineers) Ltd [1969] ROC 41, ChD

Question 27

What determines whether information has the necessary quality of confidence?

Answer 27

In order to be held to be confidential, information must not be trivial or commonplace, in the public or too vague. If a person whose conscience is fixed by a confidence puts the information in the public domain themselves and this information is used to the detriment of the owner the usual remedy is damages.

Question 28

What is a trade secret?

Answer 28

A trade secret is information that would cause real harm if it were disclosed to a competitor and the owner had limited its dissemination. To keep trade secrets protected, it must be established that the information is confidential, and it should be ensured that anyone informed of the trade secret signs a Non-Disclosure Agreement (NDA).

Question 29

What is the springboard doctrine?

Answer 29

The action for breach of confidence can protect public domain information where one party uses information that they obtain in confidence to springboard themselves above competitors, and benefiting from the breach.

Question 30

What are the two main defences to a claim of breach of confidentiality?

Answer 30

1) Where the recipient can show that the information is no longer confidential because it is now public knowledge through no act of the recipient (the recipient cannot be allowed to benefit from his or her own wrongdoing);
2) The court will not respect an obligation if confidence if it is in the public interest that confidential information is known to the public.

Question 31

How should omnibus claims be treated?

Answer 31

It may be sufficient to say that the omnibus claim is restricted to an item that has all of the features described and shown, but some attempt to explain should be made.

Question 32

When starting on claim interpretation in the exam, what is the first thing that should be done?

Answer 32

Each claim should be divided into sections which may each be a phrase or a word. The first word or phrase to be considered should be numbered 1.1, with subsequent words or phrases 1.2, 1.3 etc. This numbering system can then be used when considering infringement and novelty, which will save repeated re-writing of the words of the claims. To save time, write on a sheet of paper “for analysis the claims will be divided as follows”, and then attach the actual sheet of the question paper that carries the claims.

Question 33

What are the three parts of the interpretation answer?

Answer 33

1) Identification of the passage or word (“identify”);
2) Meaning of the identified passage or word (“means”);
3) Reason for the chosen meaning (“because”), giving location of the ‘evidence’ in the patent relied on to make the conclusion.

Question 34

What is important to consider when interpreting dependent claims?

Answer 34

Interpret the claim dependency portion of each claim, and point out any inconsistencies with the dependencies.

Question 35

What is direct infringement?

Answer 35

SECTION 60(1)

A person infringes a patent for a product if he makes, disposes of, offers to dispose of, uses or imports the product or keeps it whether for disposal or otherwise.

Question 36

What is contributory infringement?

Answer 36

SECTION 60(2)

Supplying or offering to supply a part which is an essential element of the invention. Contributory infringement requires knowledge (objectively defined) on the part of the defendant. This is not knowledge of the patent, rather it is knowledge that what has been supplied will make the invention work. However, the part sold must have no other substantial use except for being used in the patented invention.

Question 37

How should the infringement section be tackled?

Answer 37

Each phrase or feature of each of the claims must be compared with the infringement

Question 38

What are the exceptions to direct infringement?

Answer 38

SECTION 60(5)

• acts performed privately for non-commercial purposes;- acts performed for experimental purposes;
• extemporaneous preparation of a medicine in a pharmacy;
• use in a ship or aircraft which has accidentally, or temporarily, entered UK territorial waters or airspace;
• use of an aircraft exempted from seizure in respect of patent claims (by the Civil Aviation Act 1982).

Question 39

When discussing infringement, what are the most important points to consider?

Answer 39

1) Where the infringement differs from the described embodiment of the invention;
2) Where the claims are poorly drafted.

Question 40

How should the interpretation section be started?

Answer 40

1) Write “…what the person skilled in the art thinks he was intending to claim. Kirin-Amgen…” to show the examiner that you know the latest case law, and to remind yourself what you have to do;
2) State whether the art in question is broad or narrow in order to identify the person skilled in the art. It might be convenient to deduce that the art is a broad art, so that as many of the documents making up the P6 exam paper can be considered to be within the common general knowledge of the skilled reader. This will make it easier to launch an “obviousness” argument;
3) Interpret as through the eyes of the defined skilled person.

Question 41

What is the ‘whole contents’ approach to novelty under Section 2(3)?

Answer 41

SECTION 2(3)

The state of the art for novelty purposes includes the “whole contents” of earlier applications, not just the claims.

Question 42

When is a prior use invention novelty destroying?

Answer 42

SECTION 2

There is no need for a skilled person to have actually examined the invention as long as they were free in law and equity to do so and if, in seeing the invention, the skilled person would have been able to understand what the inventive concept was.

Lux Traffic Controls v Pike Signals Ltd. [1993] RPC 107

Question 43

What are the five grounds for revocation of a patent?

Answer 43

SECTION 72

Non-patentability: the invention is not patentable (i.e. it is not novel or inventive, or it relates to excluded subject-matter such as business methods or methods of medical treatment);

Non-entitlement: the patent was granted to a person not entitled to it;

Insufficiency: the patent specification does not describe the invention sufficiently to enable it to be reproduced by the skilled person;

Added matter: the subject-matter of the patent extends beyond the content of the originally filed application;

Unallowable post-grant extension: the protection conferred by the patent has been extended by an amendment after grant but which should not have been allowed.

Question 44

What are the possible forums for revoking a patent?

Answer 44

Patents Court: A specialised section of the UK High Court with specially qualified patents judges.

Patents County Court (PCC): An alternative court aimed at resolving shorter and less complex patent disputes. A specialist patents judge also sits in the PCC. Unlike in the Patents Court, a patent attorney may represent a party before the PCC.

UKIPO: Proceedings before the UKIPO are almost completely in writing. There will be a hearing if experts are to be cross-examined.

Question 45

What are the consequences of a missing statement of invention?

Answer 45

• An omnibus claim is not supported;

- The invention(s) of the claims may not be sufficiently disclosed in the description.

Question 46

What is the general ‘shape’ of the letter to the client?

Answer 46

1) Conclusions regarding infringement, including ‘balance points’;
2) Conclusions regarding validity, including ‘balance points’;
3) Suggestion of amendments with discussion of consequences;
4) Request for any ‘missing’ information, or suggestion of necessary investigations. Mention that the reasoning should be checked by a skilled person;
5) Outline one or two courses of action that can be taken by the client and/or the other party.

Question 47

Can corrections to the specification be made post-grant?

Answer 47

SECTION 117

Yes, provided that

(a) It is clear that there is an error; and

(b) It is clear that what is now offered is what was originally intended.

Question 48

What is the legal basis for post-grant amendment?

Answer 48

SECTION 27
SECTION 75

Section 27: If the applicant is NOT involved in proceedings in the court or at the Intellectual Property Office.

Section 75: If the applicant IS involved in proceedings in the court or at the Intellectual Property Office.

Question 49

What is the obviousness test as clarified by Conor Medsystems?

Answer 49

It is not sufficient to succeed in an obvious attack to demonstrate a concept may be “obvious to try” but there must be “a reasonable expectation of success”. There is no requirement that a specification has to explain how or why an invention works, if there is enough to show that it is plausible that it works.

Conor Medsystems Inc v Angiotech Pharmaceuticals Inc [2008] RPC 28

Question 50

What is the difference between the effects of surrender and revocation of a patent?

Answer 50

SECTION 29
SECTION 72

Surrender of a patent (Section 29) results in the patent ceasing to have effect as of the date of publication of the surrender (ex nunc). By contrast, if a patent is revoked under Section 72, the effect is retroactive and the patent is deemed never to have been granted (ex tunc).

Question 51

What are the two grounds for revocation relating one way or another to amendments?

Answer 51

SECTION 72

Section 72(1)(d) relates to the situation where the matter disclosed in the specification extends beyond that in the application as filed. Material can, however, be copied from the claims into the description without problem;

Section 72(1)(e) relates to the situation where the protection conferred by the patent has been extended by an amendment that should not have been allowed. Such an amendment is usually considered to be a post-grant amendment.

Question 52

When are interim injunctions granted?

Answer 52

Interim injunctions are a discretionary remedy granted prior to full trial to restrain an alleged infringer from committing the alleged infringing act.

Three principles are followed by the English courts when deciding whether to grant an interim injunction:

• Is there a serious case to be tried?
• Adequacy of damages to either party: would the claimant be adequately compensated by an award of damages at trial?
• Is there a doubt as to the adequacy of damages? If so, the extent of any uncompensatable disadvantage will determine the ‘balance of convenience’.

American Cyanamid [1975] AC 396

Question 53

How is a claim to a material or composition for a particular purpose regarded?

Answer 53

As a claim to the material or composition per se.

(Adhesive Dry Mounting Co Ltd v Trapp and Co, 27 RPC 341

Question 54

When does repair to an article constitute patent infringement?

Answer 54

It depends whether the infringing act constitutes “making” the claimed product, and is a matter of fact and degree.

United Wire Ltd v Screen Services (Scotland) [2001] RPC 24
Schütz (UK) Ltd v Werit UK Ltd [2013] UKSC 16

Question 55

How should the requirements of the Protocol on the Interpretation of Article 69 of the EPC be understood in order to give fair protection for the patentee and a reasonable degree of certainty for third parties?

Answer 55

The extent of the protection conferred should cover all the embodiments, whether explicitly mentioned in the claims or not, which the notional skilled reader would conclude, with reasonable confidence, the inventor wanted to cover. All other embodiments should be excluded.

Merck & Co Inc v Generics (UK) Ltd [2004] RPC 31.

Question 56

What is the four step test for determining whether an invention is unpatentable?

Answer 56

1) Properly construe the claim;
2) Identify the actual contribution;
3) Ask whether it falls solely within the excluded subject matter; and
4) Check whether the actual or alleged contribution is actually technical in nature.

Aerotel Ltd v Telco Holding Ltd and others, and Neal William Macrossan’s application [2006] EWCA Civ 1371

Question 57

Is software necessarily excluded from obtaining patent protection?

Answer 57

It may be patentable if it produces a new and substantive technical contribution.

Question 58

What should be said to a client who is being infringed?

Answer 58

• Warn the client not to communicate directly with the infringer to prevent anything that could be considered a ‘threat’ under Section 70;
• Ask for clarification with regard to unclear dates (i.e. to decide between a potential anticipation and potential infringement);
• Negotiation is cheaper than litigation! Offer to supply some of the major components of the infringing item to the infringer, or offer a license to the infringer.
• Explain the different options for infringement proceedings: the Patents County Court can reduce the cost of litigation (with limited damages awarded), and if both parties agree the Intellectual Property Office opinion system can be used (but no injunction available);
• Interim injunctions are only rarely granted and are expensive because of the cost consequences of speed. Is it worth it if the activities of the infringer are not damaging profitability?

Question 59

What should be said to a client who is infringing?

Answer 59

• Ask for clarification with regard to unclear dates (i.e. to decide between a potential anticipation and potential infringement);
• Check to see if there are any past or possible future (file a caveat) impermissible amendments, invalid priority dates, or other relevant prior art documents;
• Advise of any possibilities of avoiding litigation by: designing around a patent, deferring a launch date until a patent has expired (check for non-paid renewal fees), applying for a (compulsory) licence, offering to buy some of the major components of the infringing item from the patentee, or acting as importer or marketing agent for the patentee.

Question 60

What are ‘groundless threats’ and when are such threats not actionable?

Answer 60

SECTION 70

‘Groundless threats’ are where a person threatens another person with proceedings for any infringement of a patent, a person aggrieved by threats may bring proceedings against the person making threats, claiming relief.

Section 70(4): Once it has been established that that there was an infringement, a threat for any other acts of infringement against the person in respect of that product is not actionable.

Section 70(5): Mere notification of the existence of a patent does not constitute a threat of proceedings.

Question 61

How can an alleged infringing client show that a patent is (a) not infringed or (b) invalid?

Answer 61

SECTION 71

(a) Apply to the Court or Intellectual Property Office for a Declaration of Non-Infringement - asking for confirmation that a certain activity does not or would not ‘infringe’ a particular patent;
(b) Apply for a non-binding opinion from the Intellectual Property Office on whether the patent has the degree of novelty or the inventive step required for validity.

Question 62

What is a caveat (Form 49)?

Answer 62

A caveat is a warning, or notification, that some action has taken place on a patent application or patent. The applicant or patent owner of the patent is not told that a caveat is in place.

Question 63

What is a compulsory licence?

Answer 63

An application for a compulsory licence can be made by any person to the Comptroller of Patents at any time after the expiration of three years from the date of grant of the patent. The applicant must establish one of the relevant grounds for relief:

1) Demand for the product is not being made;
2) Refusal of the patent proprietor to grant a licence on reasonable terms is hindering important technical advances of considerable economic significance;
3) The development of commercial or industrial activities is being unfairly prejudiced.

The Comptroller then has discretion as to whether and on what terms to grant a compulsory licence. The applicant must have already unsuccessfully tried to get a licence on reasonable terms and conditions. Compulsory licences are not exclusive.

Question 64

How should the P6 exam be timed?

Answer 64

Reading and highlighting the papers - 2 hours;
Interpretation - 45 minutes;
Infringement - 30 minutes;
Novelty - 30 minutes;
Inventive step - 30 minutes;
Internal validity and amendment - 15 minutes;
Letter to the client - 30 minutes.

Question 65

What is the Pozzoli approach to assessing novelty?

Answer 65

(1) (a) Identify the notional “person skilled in the art”;
(1) (b) Identify the relevant common general knowledge of that person;
(2) Identify the inventive concept of the claim in question or, if that cannot readily be done, construe it;
(3) Identify what, if any, differences exist between the matter cited as forming part of the “state of the art” and the inventive concept of the claim, or the claim as construed;
(4) Viewed without any knowledge of the alleged invention as claimed, do those differences constitute steps which would have been obvious to the person skilled in the art or do they require any degree of invention?

Question 66

How do you deal with technical terms that have different names in the patent, prior art and infringement, but may be the same?

Answer 66

As it’s called something different, therefore assume it’s something different, but check with the client.

Question 67

What constitutes industrial application in relation to biotech inventions?

Answer 67

Where, in the light of the common general knowledge, a new substance has a plausible claimed use, this can satisfy the requirement of industrial application. This must be contrasted with the case where the patent application merely indicates that a programme of research should be undertaken to determine whether the substance has a particular effect.

Human Genome Sciences Inc. v Eli Lilly & Co. [2011] UKSC 51, SC

Question 68

With regard to the features of the claims, what is the difference between direct and contributory infringement?

Answer 68

Direct infringement requires all features of the claim to be present whereas contributory infringement does not.

Question 69

What are the defences to contributory infringement?

Answer 69

SECTION 60(3)

1) The defendant had no knowledge that the part supplied would make the invention work. If the defendant was acting under instructions to supply he is not culpable.
2) The part supplied is a staple commercial product, something which is readily available from a number of different sources of supply. ‘Staple commercial product’ should be contrasted with something that is made by the defendant to the primary infringer’s order.

Question 70

What should be considered with regards to tolerance in understanding the scope of a claim?

Answer 70

The technical area, as some technologies are much less precise than others.

Question 71

Is a sub-range singled out of a larger range new by virtue of a newly discovered effect occurring within it?

Answer 71

SECTION 2(1)

No. A prior disclosure of a range (normally) discloses each and every part of the range. However, a later-claimed sub-range, if there is something special about it, may form a selection invention.

Union Carbide Corp v BP Chemicals [1998] RPC 1 (at page 15)

Question 72

How can further non-patent prior art be found?

Answer 72

• Look for non-patent literature or technical background literature;
• Talk to inventors;
• Get affidavits about prior use or disclosures at meetings, etc.

Question 73

What can be the consequences of an omnibus claim in the form of “substantially as herein described”?

Answer 73

It can be anticipated by a disclosure in its own description, if the description includes a paragraph describing the prior art, as that prior art is by definition known.

Question 74

What knowledge is required of an infringer with regard to infringement of a product and of a process?

Answer 74

SECTION 60(1)

Product: There is no requirement of knowledge for infringement, liability is strict unless there is a defence available.

Process: It must be obvious to a reasonable person that the patent is being infringed.

Question 75

What care should be taken if the word “substantially” is included in an omnibus claim?

Answer 75

The claim should not be regarded as a picture claim.

Question 76

What is the purposive approach?

Answer 76

The purposive approach looks at the purpose or reason for making the claim.