In a recent patent pre-grant opposition matter wherein Khurana
and Khurana, Advocates and IP Attorneys (K&K) represented the
Opponent, the patent application was refused mainly on grounds of
Insufficiency of Disclosure as per Section 25(1)(g) of the Indian
Patents Act, 1970 ("Patents Act"). This case re-confirms
the role of sufficiency of disclosure or enablement during
patentability assessment of a patent application, and that the
Learned Controllers may reject patent applications on this ground
alone in case the requisite standards are not met.
Sufficiency of disclosure is a basic requirement of a patent
system which works on a 'quid-pro-quo' basis, i.e., to
reward a technical innovator by granting her exclusive rights for a
limited time period in exchange for complete public disclosureabout
the invention. The Patents Act, under Section 10(4) casts a duty on
the applicant to disclose the best mode/ method of practicing the
invention known to the Applicant.
