Embodiments of a mechanical invention may be easier to explain and understand as a drawing compared to a lengthy description. The European Patent Office (EPO) considers good quality drawings as very important for the correct disclosure of an invention.
We explore the reasoning behind the use of animal models, the acknowledged limitations of animal data for predicting treatment effects in humans and the approach taken by the EPO in assessing whether such data can be used to demonstrate a medical use invention.
The dust has started to settle following the Supreme Court decision in Warner-Lambert v Actavis  UKSC 56 handed down recently. Much of the commentary has focused on the infringement aspect of the decision. In this follow-up blog, we delve deeper into the court’s take on the issue of plausibility.
The Supreme Court has dismissed Warner-Lambert’s Lyrica appeal that the patent was sufficiently disclosed, and upheld Actavis and Mylan’s appeal that the disputed claims were not even partially sufficient.
In previous articles we considered the increasing significance of plausibility at the EPO, particularly when assessing inventive step and sufficiency.