Improver v Remington
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Improver Corporation v Remington Consumer Product Limited (1990) is a leading United Kingdom case on patent infringement, particularly in relation to how to establish what specifically a patent covers. It set out a three-step test to establish whether a variant (alleged infringing article) infringes on an existing patent. The variant will not infringe if any of the following are true:
- The variant has a material effect on the way the invention works.
- The fact that the variant has no material effect on the way the invention works would not have been obvious to an expert in the field.
- That an expert in the field would have taken from the language used in the patent that its instructions should be followed in a strict literal fashion so as to exclude the variant.
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