「知財管理」誌
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| 掲載巻(発行年) / 号 / 頁 | 1巻(2001年) / 1号 / 42頁 |
| 論文区分 | 論説 |
| 論文名 | Enablement Requirements for Biotechnology-Related Inventions |
| 著者 | 特許第1委員会 |
| 抄録 | A discussion was made on the patent examination practices and the views of the Trilateral Patent Offices for those inventions related to biotechnology, which is a current leading-edge field of technology. The discussion focused on the enablement requirements in terms of the manner, how a specification should be drafted thereby to obtain a strong patent right that would be highly effective in all the Trilateral countries. Total of 7 items discussed include; 1) interpretations of “enable”; 2) enablement of an entire“scope of claims”; 3) “a person with ordinary skill in the art” and “common general knowledge”; 4) determinants of “undue [or excessive] experimentation”; 5) interpretations of “undue experimentation”; 6) “burden of proof” for enablement; and 7) consideration of “written arguments” and “certified experiment results”. The Trilateral Offices hold a common view for the enablement requirement that “a specification must contain a written description of the invention so as to enable any person skilled in the art to exploit the invention using technical common sense as of the filing without undue experimentation”. However, the detailed discussion reveals that the Trilateral Offices hold different views in various areas of this issue. In the second half of this article, the discussion continues, citing representative claim language, on issues inherently found in omnibus claims and screening-related claims and on the extent of disclosure in the specifications to provide a useful guideline for patent drafters. This article has been published in “CHIZAI KANRI ” (Intellectual Property Management) Vol. 50, No. 3, pp.337-357 (2000). Copyright ( |
