English Explanatory Dictionary

Arrow declaration

English dictionary entry

Meanings

noun
  1. A declaration or order sought, for reasons of legal certainty, from a court that a product or process to be launched was old (i.e., not novel) or obvious in patent law terms at a particular date, so that the product (or process) cannot be affected by (i.e., cannot infringe) any later granted patent, which would itself necessarily also either lack novelty or inventive step.

Word forms

Arrow declaration Arrow declarations

Etymology

Named after Arrow Generics Ltd. v Merck & Co Inc [2007] EWHC 1900 (Pat), in which it was originally suggested that this mechanism would be available as a declaratory relief.

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