Last year, our colleague Peter Youle wrote about the pitfalls of parameters in patent claims. Whilst small molecules are typically claimed using structural features and formulae, these are usually unsuitable for defining a polymer. Instead, parameters, such as the weight average molecular weight (Mw), are frequently used to characterise polymers.
Polymer science is a very active and competitive area of chemical research, which has inevitably resulted in the generation of a large volume of intellectual property, particularly patents.
Per- and polyfluoroalkyl substances (PFAS) contain multiple carbon-fluorine bonds. These bonds give rise to desirable properties, e.g. tolerance to high temperatures, which has led to widespread use of PFAS. Extensive use of PFAS has resulted in contamination of water and soil with these chemicals, but what can be done to combat this?
One of the major environmental issues facing the planet today is rising levels of plastic waste. According to a recent OECD study, we are producing twice as much plastic waste as 20 years ago and only 9% of that waste is successfully recycled. The majority is incinerated, ends up in landfill, or is leaked to the environment.
Most people want to do their bit for the planet, and whilst some will go the extra mile to reduce their environmental impact, most do not have the time, energy, budget or inclination to commit fully to the lifestyle changes required to lead an environmentally friendly life. One of the major issues currently facing the planet is plastic waste.
The European Patent Office (EPO) is well-known for its strict approach to added subject-matter, specifically what the person skilled in the art is considered to be able to derive “directly and unambiguously” from the application as filed. Another topic where the perceived abilities of the skilled person can hinder applicants and patentees is the use of parameters in claims.