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Expert Analysis

Patent Applicants, Overlook Enablement At Your Peril

Law360, New York (June 8, 2015, 10:27 AM EDT) -- Patent applicants and their representatives are encouraged to seek broad claims in order to capture very broad patent rights. However, one can go too far and break out of a very important constraint imposed by the patent statute: The claim must be enabled in exchange for patent rights. If a disclosure is not sufficient, the claim may be rejected by the U.S. Patent and Trademark Office or later invalidated in post-grant proceeding or litigation. Despite this very real pitfall, the risk associated with broad claims and inadequate disclosure seems often overlooked....

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