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A filed numerous applications for secondary patents protecting dosing regimes, formulations and uses of the drug (the secondary applications).F intended to launch a biosimilar equivalent in the UK when the SPC expired, so wanted to clear the way of any patents granted on A's secondary applications.F brought an action against A seeking revocation of two European patents and an declaration. Môi giới voz. The modern approach was that the grant or refusal of declaratory relief in relation to commercial disputes should not be constrained by artificial limits, but by the exercise of the court's discretion.Negative declarations were an unusual remedy, but could be granted when useful to do so.Statutory remedies, if available, should in principle be regarded as exclusive, but, for example, decision depended on section 74.
As the validity of an application cannot be challenged, if there were no relevant granted patents validity could not be put in issue.Section 74 also did not apply where the patent had been revoked.Section 74(2) prohibited proceedings seeking only a declaration of validity or invalidity of a patent. The word "only" made it clear that there was nothing to prevent a declaration of invalidity being sought in conjunction with revocation of the patent.The declarations sought here did not ask for a declaration that a granted patent was invalid.Declarations could still be covert attacks on the validity of a patent, in breach of section 74.