Interpreting Patent Claims: Some Thoughts on the UK Kirin-Amgen Decision

In patent infringement cases, what falls to be determined is where the rights of the patentee end and where non-infringing use for third parties begin. Invariably, this involves ascertaining the scope and ambit of the patent claim. This article articulates some thoughts, both generally and in the specific context of Singapore, on the recent House of Lords' pronouncements in Kirin-Amgen Inc v Hoechst Marion Roussel Limited [2005] RPC 9 on patent claim interpretation.