The High Court's first patent decision of 2021 has seen the first full consideration of the Supreme Court's judgment in Regeneron v Kymab. Mr Justice Birss has refined the insufficiency principles established by the Supreme Court in Regeneron, clarifying that the level of precision which businesses must provide when disclosing their inventions applies to patented processes as well as products. This decision provides clarity which will likely be welcomed by the life sciences sector.
The recent Supreme Court decision in Regeneron v Kymab has highlighted the risk-reward dynamic that exists for pharmaceutical and biotechnology companies that seek patent protection for innovations early in the discovery process. The court found that if a claimed patent monopoly defines a whole range of products, all of the products within the 'relevant range' must be appropriately enabled by the patent specification. This decision is of great importance to the biotechnology and wider life sciences sector.