Disclosure Requirements, Written Descriptions

The Federal Circuit Calls for a Replay Allowing Sonos Another Opportunity at Google

Bradley Arant Boult Cummings LLP on 9/5/2025

The Federal Circuit’s recent decision in Google LLC v. Sonos, Inc. (24-1097) offers a compelling look at the evolving doctrine of prosecution laches, the written description requirement, and the practical realities of patent...more

Inventor’s Failure to Provide Material Information to the USPTO Results in an Unenforceable Patent

Wilson Sonsini Goodrich & Rosati on 9/5/2025

On August 20, 2025, the U.S. District Court for the District of Delaware (court) found inequitable conduct when Applicant, Lindis Biotech, GMBH (Lindis), relied on data from hastily performed experiments to obtain a patent...more

The Provisional Patent Trap—Why Cutting Corners Can Place Startup IP Rights at Risk

Baker Botts L.L.P. on 8/14/2025

For startups sensitive to cash burn rate, provisional patent applications often seem like the perfect solution—lower filing fees, simplified requirements, and a full year to file the "real" application. However, this...more

Is Your Enantiomer Possessed? Patenting of Enantiomers – Does Written Description Require More Than Actual Possession?

Mintz - Intellectual Property Viewpoints on 7/16/2025

It is well established that an enantiomerically pure compound exhibiting advantageous properties not present in its isomer or its corresponding racemic mixture, can be patented even if its corresponding racemic mixtures are...more

Written Description for Genus Claims Following Juno Therapeutics v. Kite Pharmaceuticals

Haug Partners LLP on 3/29/2024

Section 112 of the Patent Act contains multiple requirements that relate to the adequacy of an inventor’s disclosure within a patent application. The Supreme Court has offered some clarity to inventors seeking to patent...more

Federal Circuit Imposes Heightened Standard for Written Description Support of Negative Claim Limitations

Harris Beach Murtha PLLC on 6/29/2022

In Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc., the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) held patent claims invalid for lack of written description where a negative limitation was...more

Instructions for Reviewing Your Patent Applications

Fenwick & West LLP on 5/20/2021

This memorandum explains the steps you should take in reviewing a draft of your patent application, as well as your duties in regards to providing information that is material to the examination of your patent application by...more

Disclosure Requirements › Written Descriptions