Intellectual Property Protection, Section 112, Enablement Inquiries

Practical Guide to Claiming Small Molecules with Functional Language

Wolf, Greenfield & Sacks, P.C. on 6/6/2025

Patent claims reciting compounds where at least one group of a compound genus is defined by its function are common. For example, familiar claim terms such as “chelating moiety,” “linker,” and “binding moiety” describe a...more

Artificial Ingenuity: Is Generative AI the New 'Person of Ordinary Skill' in Patent Law?

Volpe Koenig on 3/4/2025

The concept of the "person of ordinary skill in the art" (POSITA) remains pivotal in patent law, particularly in evaluating obviousness under 35 U.S.C. § 103 and compliance with enablement and written description requirements...more

Federal Circuit: Written Description and Enablement Depend on What a Patent 'Claims,' Not What the Claims Cover

Akin Gump Strauss Hauer & Feld LLP on 2/14/2025

The Federal Circuit recently reversed a district court decision that found a patent that did not describe after-arising technology failed to satisfy the written description requirement. In so doing, the Federal Circuit...more

SUPREME COURT RULING: Amgen Inc. et al. v. Sanofi et al, May 18, 2023

Schwabe, Williamson & Wyatt PC on 5/19/2023

Amgen Inc. et al. v. Sanofi et al, No. 21-757 (S. Ct. May 18, 2023) The Supreme Court issued a long-awaited decision today concerning the enablement requirement found in Section 112 of the Patent Act. Specifically, the...more

Supreme Court Delivers the Final Blow to Amgen

Bradley Arant Boult Cummings LLP on 5/19/2023

The questions from the high court during oral argument at the end of March 2023 were fairly telling of the 9-0 ruling that came down yesterday in Amgen, Inc. v. Sanofi (No. 21-757). In fact, it did not come as much of a...more

Last Week In The Federal Circuit (April 17 – April 21): Inherent Limits And Patent Enablement

Morrison & Foerster LLP - Federal Circuitry on 4/26/2023

We’re still waiting for the Supreme Court to issue its decision in Amgen v. Sanofi. But in the meantime, the Federal Circuit continues to provide insights into 35 U.S.C. § 112’s requirement to “enable” persons of skill in the...more

Amgen Files Its Principal Brief in Amgen v. Sanofi

McDonnell Boehnen Hulbert & Berghoff LLP on 2/6/2023

Facing what is likely to be something of an uphill battle in seeking to have the Federal Circuit's decision against it in Amgen v Sanofi overturned before a not always patent-friendly Supreme Court, Amgen in late December...more

Intellectual Property Protection › Section 112 › Enablement Inquiries