Legally, the trivialization of the enablement of molecular compounds is likely to cause the most disruption within the patent doctrines of obviousness and novelty.
Of these two doctrines, obviousness is the least likely to be disruptive to the patentability of molecular compounds. Although it could be argued that the combination of trivial enablement and computationally accessible discrete structures make nearly any chemical compound "obvious ... to a person having ordinary skill in the art to which said subject matter pertains," and therefore unpatentable, it is unlikely, given the history and economic importance of these patents, that either the Patent Office or the Federal Courts would accept such arguments. |