Is The Enablement Bar Too High For Patents To Meet?

Law360, New York (April 23, 2008, 12:00 AM EDT) -- As every good patent lawyer knows, a patent must contain an “enabling” disclosure of the invention. It must teach the skilled artisan how to make and use the invention without undue experimentation. Otherwise, the patent is invalid.

Without realizing it, a recent series of Federal Circuit decisions has established a standard for enablement that may arguably be higher than any patent can meet.

In Sitrick v. Dreamworks, LLC, 516 F.3d 993 (Fed. Cir. 2008), the Federal Circuit held that two patents were invalid because their claims...
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