The Patents County Court held that Upcycle’s patent relating to a process for moulding plastic articles was valid in its amended form.
Environmental Recycling Technologies (ERT) applied to revoked Upcycle’s patent, GB 2 2460 838, relating to a process for moulding plastic articles called PIM (powder impression moulding). Upcycle applied to amend its patent and elected not to defend the validity of the patent in its unamended form. ERT alleged that the amended patent was invalid for obviousness in view of a patent application entitled Aylmore and a prior use known as Contour.
HHJ Birss QC held that the patent was not obvious in view of Aylmore or Contour and that the proposed amendments to the patent were allowable.
Read the judgment (in English) here.
Head note: Rob Fitt