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Patent defect meaning

What does Patent defect mean?
In legal practice, a patent defect is a fault that would be apparent on a reasonable inspection by a competent person at the time of purchase, completion, delivery or handover. It contrasts with a latent defect, which would not be discoverable on such inspection. The term is a descriptive expression used across property transactions, construction and the sale of goods/services, and is reflected in case law rather than fixed statutory wording (though sales legislation refers to defects an examination ought to reveal). Key features and use: the defect is obvious on inspection; risk is commonly allocated to the buyer or owner under caveat emptor unless protected by express terms, warranties or misrepresentation; in construction, such issues are often recorded as snags at practical completion and during any defects liability/rectification period, with contractual notice and remedy procedures applying. Practical significance: determines the scope of due diligence (surveys, inspections), the reach of implied terms as to quality/fitness, and when time starts to run for limitation/prescription (often on completion or delivery where the defect is or ought to be known). Usage and effect are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though limitation/prescription rules differ in detail.
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NEWS
Samsung v Alexion: EWHC limits eculizumab claim to 22‑amino‑acid leader—no infringement; patent invalid for obviousness; purposive construction rejected; 'consisting of' read strictly (England and Wales)

Samsung Bioepis UK Ltd v Alexion Pharmaceuticals Inc [2025] EWHC 1240 (Pat) What are the practical implications of this case? This decision delivers a clear warning to life sciences patent practitioners: exactitude in sequence‑defined claims is critical. Although the therapeutic product aligned with the invention’s aim, the presence of a non‑functional 22‑amino acid leader in the claimed light chain—absent from the mature eculizumab antibody—proved determinative. Alignment between product and concept could not cure the defect. The High Court refused a purposive reading that would excise the leader sequence, holding the claim wording unequivocal and the patent both invalid and not infringed. The ruling highlights the narrow scope for interpretative latitude. The court treated the language of the claim as pivotal, keeping its focus on the words actually chosen. It emphasised that “consisting of” expresses a closed definition, and that scientific terminology—especially expressly listed sequences—must be exact. It rejected Alexion’s submission that the skilled reader would read out the leader sequence due to possible interference with binding. As Mr...

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PRACTICE NOTES
Construction Law ‘P’ Glossary: Practical completion, pay less/payment notices, partnering, procurement, principal designer/contractor, PFI/PF2

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Parent company guarantee (PCG) A PCG is an agreement between a parent company and a beneficiary under which the parent promises the subsidiary’s performance owed to that beneficiary beneath a separate contract between them (for example, a building contract). If the subsidiary fails to fulfil its obligations to the beneficiary, the parent company can be obliged either to perform those obligations itself or to repay the beneficiary for losses arising from the subsidiary’s failure to perform. See subtopic: Parent company guarantees in construction projects. Partial possession Partial possession arises when the employer takes control of one or more parts of the works before the whole project reaches practical completion; for instance, letting a completed storey to a tenant while work continues on the remaining floors. In that situation, practical completion is treated as achieved for the relevant part. See Practice...

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PRACTICE NOTES
Comprehensive Glossary of Property Law and Practice (England and Wales)

FORTHCOMING CHANGE: The Renters’ Rights Act 2025 The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions... A Absolute title A category of title available for registered land. Absolute title is the strongest class that can be granted; it denotes that, apart from matters on the register and any overriding interests, nothing affects the registered proprietor’s freedom to deal with the land... Abstract (of title) A certified summary, prepared by a lawyer, setting out the contents of the title deeds for a particular property... Acquiring authority See Compulsory purchase... Act of Parliament Legislation passed by both Houses of Parliament in the form of a written Bill and given Royal Assent. Sometimes called primary legislation. See also Secondary legislation... Adoption The legal process by which a highway in private ownership becomes a highway maintainable at the public expense....

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