The requirement for sufficiency: how much is enough to enable claims to a range of products? Recent guidance from the UK Supreme Court in Regeneron v Kymab

2021 Annual Patent Litigation Webinar Series: The requirement for sufficiency: how much is enough to enable claims to a range of products? Recent guidance from the UK Supreme Court in Regeneron v Kymab

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The European Patent Convention requires that patents must be sufficient, so that the skilled person is able to work the claimed invention (which must, therefore, be enabled). In Regeneron v Kymab the UK Supreme Court considered patents for transgenic mice and reviewed European and UK case law on sufficiency. In particular, it considered precisely what has to be enabled and whether the requirement changes according to the importance of the invention. The UK Patents Court has given guidance on the general application of Regeneron in its first decision of 2021, Illumina v MGI. These decisions give rise to a number of practical considerations to take into account when drafting applications to be filed in the UK and Europe.

Presenter Penny Gilbert - Partner, Powell Gilbert LLP (London, UK)  Penny’s strong scientific background has led to her specialisation in advising clients in the life sciences sector. She represents clients before the UK patent courts, Court of Appeal and Supreme Court and has represented clients in referrals to the CJEU and EFTA Court. [Read More]

Moderator Immac (Casey) Thampoe, Regeneron

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