Protecting chemistry inventions: the double-edged sword of being an unpredictable art.
Recent decisions by the highest courts in the US in regard to written description and enablement as well as parallel restrictions previously established in Europe emphasize that applicants in the fields of chemistry/pharma/life sciences should strive to include as many examples, data, and guidance about how to extrapolate from the example(s) in the description. This holds in particular whenever a broad genus and/or functional features is/are to be protected. It is important to keep in mind that these data and this guidance must be disclosed in the application at the time of filing. Data collected at a later stage can only be used to further support data and evidence already present in the application as filed.
European Patent Attorney, German Patent Attorney, Wallinger, Ricker, Schlotter, Tostmann , Zweibrückenstraße 5-7, 80331 München, Germany.
Holger
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Tostmann