Law:

Section:

(a) Patent--- ----Invention---Sufficient disclosure of information---Scope---Patent reflected a bargain between the inventor and the public---Essence of the bargain between the patentee and the public was that the patentee dedicated the invention to the public by making full disclosure of it, in return for a time-limited monopoly over its use---Benefit afforded to the public was not merely the disclosure, but the ability to "work the invention" after the expiry of the monopoly by the use of the disclosure---Where the invention enabled patentees to make a particular product, and they sought a monopoly over the making and exploitation of the product (which was what a product claim did), they must disclose enough in the teaching of the patent to enable the public also to make the product---If the patentee were able to obtain a product monopoly without disclosing how to make the product, the public would get nothing of substance in return for the grant of the monopoly---Furthermore, other inventors would be deterred from conducting the research and development in fact necessary to take advantage of the inventive idea for the benefit of society as a whole, since during the period of the monopoly they could derive no benefit from their own inventiveness. Generics (UK) Ltd v H Lundbeck A/S [2008] EWCA Civ 311; [2008] RPC 19, para 30 ref. (b) Patent--- ----Invention---Sufficient disclosure of information---Sufficiency, principle of---Scope---Sufficiency was one of the established tools by which was measured the correspondence, or lack of it, between the protection afforded by the claim and the technical contribution to the art made by the disclosure of the invention in the patent---Other main tools were novelty, inventive step and industrial application---In relation to a product claim, sufficiency required substantially the whole of the range of products within the scope of the claim to be enabled to be made by means of the disclosure in the patent, and this both reflected and applied the principle that the contribution to the art was to be measured by the products which could thereby be made as at the priority date, not by the contribution which the invention may…

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