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Ariad v. Eli Lilly – The Written Description Requirement

March 23, 2010 Leave a comment

Monday, March 22, 2010, the Court of Appeals for the Federal Circuit issued its long-awaited en banc opinion in Ariad Pharms. v. Eli Lilly & Co. (No. 08-1248).  In that opinion, the Court confirmed that 35 USC Sec. 112, para. 1 contains a written description requirement that must be satisfied by a patent applicant separate from the enablement requirement of that same section.

A copy of the opinion is here (PDF).  I’ll have more later.  Until then, please contemplate the relevant paragraph of 35 USC 112:

35 U.S.C. 112 Specification.

The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. [emphasis added]

Categories: CAFC Tags: , ,
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