Post-AbbVie: Written Description And Functional Claiming
Law360, New York (August 27, 2014, 7:37 AM EDT) -- The validity of claims to classes of biologic and chemical compounds defined by their function, instead of structure, has been tested for decades under the written description requirement of Section 112 of the Patent Act. This statutory requirement mandates that the patent specification have sufficient disclosure to "convey with reasonable clarity to those skilled in the art" that the applicant in fact "was in possession" of the claimed invention. The breadth of the claims determines the extent of the required disclosure and in a series of decisions in the biopharma context — most authored by Judge Alan Lourie — the Federal...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!