Analysis

Fed. Circ. Written Description Scrutiny Has Lessons For Attys

By Ryan Davis (December 20, 2021, 11:12 AM EST) -- Two recent Federal Circuit decisions finding drug patents invalid for not adequately describing the claimed invention highlight how important it is to review patent applications during research and development to ensure they cover what ends up being the key invention, attorneys say.

In decisions in late November, the appeals court found patents for Indivior's opioid addiction treatment Suboxone and Biogen's multiple sclerosis drug Tecfidera invalid for not meeting the requirement that patents have a written description showing the inventor possessed the invention as of the filing date.

The court said that while the patent claims identified a dosage or a numerical...

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