Law360, New York (July 1, 2010, 12:36 PM EDT) -- On March 22, the federal appeals court responsible for patent matters handed down an en banc decision holding that there was a written description requirement that is distinct from other requirements of the patent laws. The decision all but assures that the U.S. Patent and Trademark Office will continue its policy of heightened scrutiny for biotechnology patent applications.
The decision dealt with Section 112 of the patent statute:
"The specification shall contain a written description of the invention, and of the manner and process of making...
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