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Expert Analysis

The Written Description Requirement: It's Still Here

Law360 (March 26, 2010, 2:28 PM EDT) -- Sitting en banc, the Court of Appeals for the Federal Circuit has issued a major decision on patent law, affirming that there is a "written description" requirement, independent of the enablement requirement, for obtaining a patent. The Federal Circuit held that the written description requirement must be satisfied both for claims filed with the original patent application and claims that are amended or introduced during prosecution....

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