House Of Lords Upholds Obviousness Test In Patent Dispute

by Robin Pilgrim, LawAndTax-News.com, London

20 October 2004

In a ruling delivered in the case of Sabaf v MFI and others last Thursday, the UK's Law Lords affirmed the importance of the so-called 'obviousness test' with regard to patent disputes.

Speaking on behalf of his fellow peers, Lord Hoffmann ruled that a patent owned by Italian firm Sabaf for gas burners in kitchens was invalid, as it merely represented the conjunction of two concepts which can be seen as obvious in an industry context.

The dispute began when Sabaf alleged that gas burners made by rival firm Meneghetti and imported by UK homewares retailer, MFI infringed upon its patent. Although Sabaf later settled with MFI, it continued to press its legal case against Meneghetti, arguing that the latter was liable as a result of its arrangement to transport the allegedly infringing products into the UK.

When the case initially came before the UK courts, the patent was ruled invalid on the grounds of obviousness, but Meneghetti was found to have been liable for arranging the importation of the products. The Court of Appeal later reversed both of the findings, announcing that the patent was valid, but that Meneghetti was not liable, as it had not imported the burners to the UK itself.

Delivering the Law Lords' ruling on the matter, Lord Hoffmann again reversed the legal position on the validity of Sabaf's patent, and went on to state that regarding Meneghetti's liability, he "would agree with the Court of Appeal that infringement was not established and would dismiss the cross-appeal".

Recommended