Challengeability of biotechnology patents in the light of Biogen v. Medeva

Abstract

On 27 October 1994, the English Court of Appeal over-turned the previously successful defence of Biogen's patent concerning the production of hepatitis B viral antigens using recombinant DNA technology. On 15 May 1995, Biogen was granted leave to appeal to the highest court in the UK, the House of Lords. The case of Biogen v. Medeva considered a number of key areas including obviousness, insufficiency and width of patent claims and will have a major impact in the field of biotechnology patents. This article considers some of the issues relating to obviousness and insufficiency that will need to be considered afresh by the House of Lords.