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Intellectual Property

Mar. 11, 2011

The Patentability Black Hole

It is easier to secure a patent in the bioscience field if the application is filed early with the most detail possible. By Antonia L. Sequeira of Fenwick & West.


By Antonia L. Sequeira


An inventor faces a number of significant hurdles and pitfalls in patenting his invention. Having a patent specification providing proper and sufficiently thorough disclosure of the invention being claimed by the patentee can, by itself, be a large hurdle, especially in the biosciences where experimental data is essential. 35 USC Section 112 sets forth the disclosure requirements that all patentees must meet. This section is commonly interp...

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