The Written Description Requirement: It’s Still Here
March 26, 2010, 2:28 PM EDT
Law360, New York (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.
The decision will likely disappoint those who were hoping for a major reworking of written description law, particularly inventors in...