The Evolution of Sufficiency in Common Law
London School of Economics and Political Science
February 5, 2013
LSE Legal Studies Working Paper No. 6/2013
The requirement of disclosure in the patent specification is commonly presented as an essential arm of the patent bargain. This paper tests the assumption that disclosure requirements in a number of common law jurisdictions continue to reflect this and other shared origins of this doctrine. Instead we see forces such as Europeanisation and sector-specificity produce divergence and confusion over the purpose of sufficiency, particularly in the context of adjacent patentability criteria such as utility and nonobviousness. The result is a complex expression of this requirement that has eroded the normative strength of this doctrine as originally expressed in Liardet v Johnson.
Number of Pages in PDF File: 19
Keywords: sufficiency, disclosure, utility, enablement, nonobviousness, breadth of claims
Date posted: February 24, 2013
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