Enabling Disclosure

Date Published

The definition of an enabling disclosure, in relation to chemical compounds, is:

"that is to say, one sufficient in the case of a claim to a chemical compound to enable those skilled in the art to make the compound"

Pall Corp v Commercial Hydraulics (Bedford) Ltd [1990] FSR 329 at 347.

Older cases, such as Gyogyszeripari Kutato Intezet's Application [1958] RPC 51 and Smith Kline & French Laboratories' Application [1968] RPC 415, which stated that disclosure of the existence of a compound without an enabling disclosure was sufficient to establish lack of novelty, are no longer appropriate. Enabling disclosure is clearly a part of traditional English patent law (and Australian patent law) in the light of Asahi Kasei Kogyo KK's Application [1991] RPC 485.