Eli Lilly & Co v Human Genome Sciences Inc [2011] UKSC 51; [2011] WLR (D) 312
“Since the Technical Board of Appeal of the European Patent Office had adopted a consistent approach to patents for biological material, the English courts should follow the principles of law set out in its decisions. Accordingly, in deciding whether a patent disclosing a new protein and its encoding gene was susceptible to industrial application the question was whether, taking the common general knowledge into account, it had been plausibly shown that it was usable.”
WLR Daily, 2nd November 2011
Source: www.iclr.co.uk
