Developing patent law: the courts lead the way

This year has seen several interesting developments in UK patent law. The law relating to obviousness, which has been a recurrent topic in Court of Appeal decisions over the past few years, made a reappearance this year in a case relating to a drug patent. In Merck Sharp & Dohme Corp v Teva Ltd the Court of Appeal dismissed an appeal against an earlier High Court decision granting Teva UK Limited’s application for revocation of Merck Sharpe’s patent relating to ophthalmic compositions for the treatment of glaucoma on the basis of a prior art document published just six days before the priority date of the patent.

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