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Perspective

Apr. 3, 2010

Description Restriction

The Federal Circuit's ruling on the written description requirement for patents wil have an immediate impact on inventors and the industry, writes Michael Rosen of Fish & Richardson.

By Michael M. Rosen

In a riveting tale of legislative sentence structure, history, and policy, the full Court of Appeals for the Federal Circuit held in Ariad v. Lilly, No. 2008-1248, that Ariad Pharmaceuticals' patent claims were invalid because they did not contain a sufficiently detailed description of its claimed invention - a method for reducing activity of a gene transcription factor.

While the ruling didn't come as muc...

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