Federal Circuit Confirms That Written Description and Enablement Are Separate Requirements under Section 112

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On March 22, the Court of Appeals for the Federal Circuit, sitting en banc, confirmed that the “written description” requirement is separate from the “enablement” requirement under 35 U.S.C. § 112. Relying on principles of statutory construction, the Court held that § 112, first paragraph, contains two separate description requirements: a “written description [i] of the invention, and [ii] of the manner and process of making and using [the invention].” Ariad Pharms., Inc. v. Eli Lilly & Co., No. 08-1248, Slip op. at 10 (Fed. Cir. 2010) (en banc).

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