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Appeals Court Confirms Patent Act Section 112′s Separate Written Description Requirement

March 26, 2010 in Patent Trademark & Copyright Journal · Leave a Comment 

A 9-2 en banc decision by the U.S. Court of Appeals for the Federal Circuit confirmed March 22 that Section 112 of the Patent Act contains a separate written description requirement beyond the requirement that a patent’s claims be enabled in the specification (Ariad Pharmaceuticals Inc. v. Eli Lilly & Co., Fed. Cir., No. 2008-1248, 3/22/10).

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