JD Supra

Written Description Requirement Challenges: Federal Circuit Decision Sheds Light on How Expert Testimony Can Help

Earlier this month, in Novartis Pharms. Corp., Inc. v. Accord Healthcare, Inc., et al., No. 2021-1070, the Federal Circuit issued a helpful decision concerning the not-often-discussed written ...
JD Supra

PTAB’s Written Description Ruling Goes Up in Smoke as Federal Circuit Clarifies Requirements for Claim Ranges

Rai Strategic Holdings, Inc. v. Philip Morris Products S.A. (Feb. 9, 2024) On February 9, 2024, in Rai Strategy Holdings Inc. v. Philip Morris Products S.A., the Federal Circuit vacated the Patent ...
IPWatchdog

‘AISITAs’ and Written Description Requirements: Considerations and Guidance for AI Patent Applications

“As AI becomes more prevalent in research and development, and as AI systems become more autonomous, some commentators believe that the POSITA for an AI-related invention should instead be an ...
JSTOR Daily

The Evolving Application of the Written Description Requirement to Biotechnological Inventions

A United States patent must provide a "written description" of the invention claimed therein. In its earliest implementation, a patent's written description fulfilled a notice function of putting the ...
IPWatchdog

Written Description Support for Claimed Range Requires More than Broad Disclosure

Gen. Hosp. Corp. v. Sienna Biopharmaceuticals, Inc., No. 2017-1012, 2018 (Fed. Cir. May 4, 2018) (Before Moore, Reyna, and Taranto, J.) (Opinion for the court, Moore ...
Law

Writing Strong Antibody Claims: Avoiding or Addressing USPTO Rejections for Written Description and Enablement

The burden of drafting patent applications with sufficient support for antibody claims is not likely to lessen any time soon. The courts and the scientific community are in agreement that antibody ...