In 2021, the Federal Circuit determined that Amgen’s biotech antibody patents lack enablement, i.e., the specification did not teach one of ordinary skill in the art how to make and use the invention without undue...more
Based on the denial of rehearing and the Amgen v. Sanofi decision itself, inventors should:
Claim as many separate species as possible.
Attempt to fashion genus claims that have a limited number of members supported...more
Since 1999, the United States Patent and Trademark Office (“Patent Office”) has permitted the claiming of antibodies by disclosing the targeted antigen. In 2002, the Federal Circuit adopted Patent Office guidelines and...more
3/26/2018
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Life Sciences ,
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Patent Trial and Appeal Board ,
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Written Descriptions