Sufficiency of disclosure finally on the Dutch radar: District Court The Hague 19 May 2010, Case No. 348157/HA ZA 093220 (Novozymes v. DSM), by Wim Maas and Charlotte de Boer, Banning
In a recent case between Novozymes and DSM the District Court of the Hague passed a very interesting and well-motivated decision on the ground of insufficient disclosure (Article 83 EPC). We hope that this judgment heralds the march of the insufficient disclosure ground under Article 83 EPC, since it is in our view the most important pillar for keeping the patent system in balance. Modern thinking on the rationale for a patent system sees a patent as a contract between the inventor and society at large. This was well expressed in a report to the French Chamber of Deputies in the debates preceding adoption of the French Patent Law of 1844:
Read the entire contribution (in English) here.