Some chemical innovators have found the recent Supreme Court decision in Amgen v. Sanofi to suggest that chemical inventions will be subject to new and draconian disclosure standards going forward. A few have even suggested...more
7/17/2023
/ Amgen ,
Amgen v Sanofi ,
Chemicals ,
Disclosure Requirements ,
Doctrine of Equivalents ,
Enablement Inquiries ,
Functional Claim Language ,
Genus ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Life Sciences ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
SCOTUS
The Court’s reasoning in Amgen v. Sanofi upholds the Federal Circuit’s long-standing requirement to enable the full scope of a claimed invention. Since the Patent Act of 1790, patent law has required describing inventions...more
6/27/2023
/ Amgen v Sanofi ,
CAFC ,
Genus ,
Intellectual Property Protection ,
Inventions ,
Patent Act ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
SCOTUS
Dear Patenticity,
I have a chemical invention and I want to obtain the broadest coverage I can. The problem is I have not done much lab work, so I only have a couple real examples. I know that the written description...more
Inequitable conduct is an affirmative defense to patent infringement, but the bar for proving it is a high one. A defendant must prove by clear and convincing evidence that the patentee intentionally deceived the Patent...more