Examples of Special Inducement

Date Published

  • If there are 2 enantiomers of a compound, the person skilled in the art will recognise that one of the enantiomers will usually have a higher activity than the other. The person skilled in the art would be led to test both enantiomers to determine which of the enantiomers is more active. Provided there has been no practical difficulty overcome in separating the enantiomers, an objection of lack of inventive step will apply.

  • The claimed invention has a certain concentration of a particular constituent and uses this constituent to maximise an effect. The prior art discloses a lower concentration, but notes that the concentration of this constituent influences that particular effect. If the problem addressed by the claimed invention is to maximise the effect, there is a special inducement to raise the concentration and hence there is a lack of inventive step.