Federal Circuit Affirms a Separate Written Description Requirement from the Enablement Requirement
- Sterne, Kessler, Goldstein & Fox
On March 22, 2010, the U.S. Court of Appeals for the Federal Circuit decided Ariad Pharmaceuticals Inc. v. Eli Lilly & Co., No. 2008-1248 (Fed. Cir. 2010)(en banc), affirming that a written description requirement exists separately from the enablement requirement under 35 U.S.C. § 112, first paragraph.
This highly-anticipated decision considered the following fundamental issues related to the written description requirement for patentability under 35 U.S.C. § 112, first paragraph:
- Whether 35 U.S.C. § 112, first paragraph, contains a written description requirement separate from an enablement requirement?
- If a separate written description requirement is set forth in the statute, what is the scope and purpose of the requirement?
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