Are Markush Structures Matters of Chemistry and Law or Just Figments of the Imagination?*

Abstract

Markush disclosures caused problems for both database producers and users. Also there was the necessity for such claims expressed by the patent attorneys, especially in the pharmaceutical area. The authors of this paper looked at this problem paying particular attention to the requirements of patent law and to the needs of chemistry as a science. Account is taken of the views expressed in previous publications in the area. It is argued that the so-called "nasties" and "super-nasties" arise because the basic principles of science and of patent law are being ignored.