Intellectual Property Bulletin - Winter 2021
By EsqSocial Corporation 24/02/21
Written Description of Therapeutic Efficacy - In two 2019 rulings, the Federal Circuit invoked the “written description requirement” of 35 U.S.C. § 112 to require evidentiary support for therapeutic efficacy. Now that the Supreme Court has declined to hear one of those cases, “written description” will continue to present a hurdle to patentability, in addition to the utility and enablement requirements......
By: Fenwick & West LLP