Post Ariad: Written Descriptions For Patents

Law360, New York (January 10, 2011, 4:00 PM EST) -- In Ariad Pharmaceuticals Inc. v. Eli Lilly and Company (Ariad), the Court of Appeals for the Federal Circuit confirmed the existence of a written description requirement separate from the enablement requirement. Ariad Pharmaceuticals Inc. v. Eli Lilly and Company, 598 F.3d 1336 (Fed. Cir. 2010).

In this decision, the Federal Circuit held that the specification of a patent shall contain a written description of the invention and the manner and process of making and using it. While the Ariad decision did not mark a change in...
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