We are currently developing a new site to host the Patent Manual of Practice and Procedure. The BETA version of this site is now available for you to review. The information and content displayed in the BETA site is only available for testing purposes. Do not use or reference the information in the BETA site when making any decisions or actions regarding IP rights.

2.4.12.1.3 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.

Back to top