Chemical patent specifications are highly complex technical documents. Drafting, prosecuting, opposing and defending such applications is a highly skilled area. The complexity and breadth of so-called Markush formulae can present challenges and overcoming these involves a detailed understanding of the niche European Patent Office law and practice in this area.
European Patent Office case law and practice has established a unique set of guidelines around novelty for a class of chemical compounds, acceptable structural and functional claim features for defining chemical compounds, as well as basis for amendments and support from Examples across the scope of the claim. The availability of different claim categories, such a ‘product-by-process’ claims and ‘use’ claims can also be of particular importance for maximising protection in this technical area.
A number of our attorneys at CMS have academic backgrounds in chemistry as well as many years’ experience working in this area of patenting. We have particular expertise in small molecule pharmaceuticals and polymer chemistry.
