News & Analysis as of

POSITA Enablement Inquiries

AEON Law

Patent Poetry: Patent Office Issues Guidelines for Enablement after Amgen

AEON Law on

The United States Patent and Trademark Office (USPTO) has published new Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc. et al. v. Sanofi et al. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Am I sunk? Where are all the safe harbors against the “on sale” bar?

In part 1 of this series, I introduced the “on sale bar” and described how a commercial sale or offer for sale can negate patentability, according to the doctrine the Supreme Court established in Pfaff v. Wells Elecs., Inc....more

McDonnell Boehnen Hulbert & Berghoff LLP

Patent Law Academics File Amicus Brief in Amgen v. Sanofi

The Supreme Court's decision to grant certiorari in Amgen v. Sanofi is the first time in almost a hundred years that the Court has deigned to consider sufficiency of disclosure decisions, in this case enablement under 35...more

Haug Partners LLP

Are Biopharma Genus Patent Claims Dead?

Haug Partners LLP on

A recent Supreme Court petition for certiorari alleges that genus claims are no longer viable under the Federal Circuit’s recent application of enablement and written description law.The petition has huge ramifications not...more

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