11 December 2008
Peter Hungerford-Welch, associate dean, The City Law School, City University London. Wwww.city.ac.uk/law
Patents
Blacklight Power Inc v Comptroller-General of Patents [2008] EWHC 2763 (Pat), [2008] All ER (D) 183 (Nov)
The standard of proof that an applicant is required to satisfy to establish patentability is the balance of probabilities. If the comptroller considers that there is a substantial doubt about an issue of fact which could lead to patentability, he should consider whether there is a reasonable prospect that matters will turn out differently if the matter is fully investigated at a trial; if so he should allow the application to proceed.
