Construe Widely and Face Invalidity - Construe Narrowly and Miss Infringements: The Dilemma of Interpreting Patent Specifications
AbstractThe author explores the nature and various approaches of construction of patent specifications, particularly with regard to the United Kingdom and Australia. The article details the various approaches, addresses relevant case law including the House of Lords decision in Catnic v Hill & Smith and the relevance and application of this case and purposive construction methods to the construction of Australian patent specifications. |