Enablement For Life Sciences Patents Requires Sweat Equity

Law360 (December 16, 2019, 1:34 PM EST) -- Don’t call it a comeback; it’s been here for years. Remember the so-called super-enablement standard? That misnomer was once used to characterize the written description requirement under Title 35 U.S. Code Section 112, primarily in the chemical and biological arts. 

Meanwhile, the legal construct that serves as the plainspoken, reasonable person standard in patent law — the actual enablement requirement — lingered awkwardly and inconsistently in dicta. Small wonder that disclosure requirements for biotechnology genus claims with functional language have been a source of confusion for life science patentees.

Confusion begets confusion. The multiple challenges over the years to whether Section...

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