- PRODUCT MANAGEMENT, QUALITY MANAGEMENT & INTELLECTUAL PROP...
PRODUCT MANAGEMENT, QUALITY MANAGEMENT & INTELLECTUAL PROPERTY
I attended Worcester Crown Court on Wednesday 11th
February 2009. I arrived at the Court at approximately 1.30pm. Upon
arriving I viewed the hearing lists on both the boards and the
monitors. No specific times were given for any particular hearings
so I asked at the court desk whether there were any hearings which
were available for the public to observe. The clerk advised that
two hearings were shortly due to commence and the public could
observe in both.
The case clearly illustrates the importance of addressing
intellectual property issues at the earliest opportunity in new
product development. The claimants' product used raw materials
which were all readily available and although the step she took was
simple, it was extremely effective and ultimately successful. As
was stated in an earlier case by Hoffman LJ in Biogen Inc. v.
Medeva plc  RPC 1, 34, "sometimes it is the idea of using
established techniques to do something which no one had previously
thought of doing...the inventive step will be doing the new thing."
Had the claimant not applied for the patent when she did, in light
of the numerous other manufacturers attempting to find a solution
to the problem, the development may have been ultimately discovered
by another. Her inventiveness would then have gone unrewarded. It
was the application for the patent which enabled the claimant to be
rewarded for her inventiveness and allowed her to reap the benefits
from the commercial success which the development produced. As
Laddie LJ held, at 45, "the patent discloses something
significantly inventive to deserve the grant of a monopoly."