Improver Corp v Remington Consumer Products Ltd

The Catnic approach to claim construction was restated as three questions about whether a variant has a material effect, whether that would have been obvious, and whether the patentee intended strict compliance.

Citation
[1990] FSR 181
Court
Patents Court
Year
1990
Subject
Intellectual Property Law
Topic
Patents: claim construction and infringement

Facts

Improver held a patent for a hair removing device, the Epilady, which used a rotating helical spring to pluck hairs from the skin. Remington made a similar device, which used a rotating rubber rod with slits in it instead of a spring. Improver sued for infringement, arguing that the rubber rod was equivalent to the helical spring.

Legal principle

Hoffmann J held that Remington had not infringed the patent. He restated the Catnic test in three questions: first, does the variant have a material effect upon the way the invention works; if not, second, would this have been obvious at the date of publication of the patent to a reader skilled in the art; if so, third, would the reader skilled in the art nevertheless have understood from the language of the claim that the patentee intended that strict compliance with the primary meaning was an essential requirement of the invention. He found that the skilled reader would have understood that the claim to a helical spring was not intended to cover a rubber rod. These questions became known as the Protocol questions.

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