Perspective
Aug. 13, 2009
The Write Stuff?
The Federal Circuit's resolution of the written description issue would have a tremendous impact on chemical and biotechnology patents, writes Jeffrey V. Lasker.
The fate of many chemical and biotechnology patents may soon depend on the Federal Circuit's interpretation of the first paragraph of Section 112 of the Patent Act. The debate centers on whether that paragraph contains a written description requirement separate and apart from the enablement requirement.
The clause at issue states that a patent "specification shall contain a written description of the invention,...
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