Patenting Unpredictable Arts: Issue And Challenges

In the context of patents, the term "unpredictable arts" refers to fields where the outcomes of experiments or innovations are not easily predictable. This is particularly relevant for inventions in fields like chemistry, biotechnology, and pharmaceuticals. Similarly, it is undisputed that a drug's success in treating one type of cancer does not necessarily translate to success in treating a different type of cancer, which underscores the unpredictability of cancer treatment generally. In cases involving unpredictable factors, such as most chemical reactions, pharmaceutical activity, and physiological activity, the scope of enablement obviously varies inversely with the degree of unpredictability of the factors involved. In biotech and pharmaceutical fields, since the degree of uncertainty and unpredictability is higher, the applicant for a patent is expected to clearly and convincingly satisfy the requirement of enabling disclosure.