Abstract

The Author disputes the views expressed in the article by Göhring and Sibley in World Patent Information , Vol. 11 No. 1, pp. 5–10 (1989) on the excessive breadth of disclosure and claim in some chemical patents. He submits that it is the type of compound that is of primary importance to researchers in chemistry, not the total sum of individual compounds that fall under it. A broad claim is not necessarily unclear; it is clear if a skilled person can infer from it whether a specific compound falls within the claim. Furthermore, he argues, so long as unexamined applications are published, there are no ways of restricting a publication to the subject matter on which a patent is later granted.

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