Enablement under 35 USC §112 and Broad, Functional Genus Claims

09 Sep , 2022

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The program will discuss the enablement standard under §112(a) with respect to broad, functional genus claims, and provide an overview of Federal Circuit precedent, with a focus on what qualifies as “undue experimentation.” We will seek to reconcile potential inconsistencies in the Federal Circuit’s application of the Wands factors and provide best practices to both patent prosecutors and litigators in light of the current law. We will also discuss the pending petition for cert in the Amgen v. Sanofi case and deliberate on how the Supreme Court might rule.

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