The concept of common general knowledge (CGK)
occupies a more prominent position in the UK’s inventive step regime than it does in the European Patent Office's (EPO) problem-and-solution
approach or the classic U.S. analysis in Graham
v John Deere. The EPO and US approaches start by considering the prior
art whereas the UK courts, following Pozzoli v BDMO,
start with the skilled person and his or her CGK, putting
that background knowledge in the spotlight and at the forefront of the mind of
the skilled person for the later stages of the analysis.
|The skilled person, memorably described by Jacob LJ in |
Rockwater v Technip as "a nerd".
“needs to be adapted and kept appropriately up to date for the procedures for dissemination of scientific knowledge in the age of the internet and digital databases of journal articles”.Such an approach, he held, should include academic articles which “would not have been likely to have been read by the notional skilled person in the ordinary course of keeping himself up to date” but “would have been quickly identified by any person conducting a literature search and review into [the state of the art]”. As it happens, the articles which fell into the CGK under this updated analysis were also held not to have affected the outcome in any sense. Nevertheless, this Kat disagrees with the principles behind the judge’s analysis and wonders what readers make of it.
|AstraZeneca's product under the patent - Symbicort|
“The authorities indicate that CGK includes ... such information as [the skilled person] would be able to locate by reference to well-known textbooks”.It is this approach, the ability to locate information, that is built on and expanded for the digital age to encompass articles one can find in databases and which one knows or suspects must exist.
Feline asthma here
CGK airport here
C., G. K. (ok, it's a stretch) wrote the Father Brown stories which you can read for free here