The first test is whether modifying the invention has a significant effect on the performance of the patented invention. The second test is whether an expert in that particular field of the invention would consider the language describing the patent as the strict essential for distinguishing the invention. Finally, there is a consideration whether it would not have have been obvious to an expert in a related field that the modification made on the invention would not have any effect on the patented invention. Later, these principles were affirmed in the case of Kirin-Amgen Inc and Others v. Hoechst Marion Roussel Limited and Others. 7
Crown, The Patents Rules and fees 2007 (as amended) Patents Legal Section, (2014). <https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/354954/patents20070110.pdf> accessed 16th April 2015. 14
Thompson Reuters Legal Solution, Patents, trademarks, copyright and designs in the UK (England and Wales): overview <http://uk.practicallaw.com/4-501-8291?source=relatedcontent> Accessed 16th April 2015. 14
Ainurul R & Birgitte A, Are There "Institutional Failures" in Intellectual Property Marketplaces? Evidence from Information and Communication Technology Firms, (International Journal of Management, 2013) 723. 15
Mercer J, A mark of distinction: Branding and trademark law in the UK from the 1860s Business History 2010 52(1) 17. <http://www.tandfonline.com/doi/abs/10.1080/00076790903281033#.VSsFAfmUd6c> Accessed 16th April 2015. 16
The effects of globalization, technological advancement, and the ensuing business competition necessitate the need for individuals and businesses to protect their intellectual property against infringement.1 The legislation provides qualifications and procedure for registering patents and trademarks, as well as remedies for the proprietor in case of violation of right. This document focuses on the patent and trademark registration process. This study focuses on the situation in which the registrar may decline the registration of patents and trademarks if previous similar inventions or signs are available at the filing date.