- Pharmaceuticals & Pharmaceutical Formulation
Federal Circuit cases provide enablement guidance following Supreme Court decision
U.S. Judicial Briefing
Anne Maxwell, Partner and Chair of the Pharmaceutical Patent Practice Group, reports on the Amgen Inc. v. Sanofi case that has cemented enablement requirements drawn from the Wands Test and three recent biotech decisions in her article, "Federal Circuit cases provide enablement guidance following Supreme Court decision," appearing in the July/August 2023 issue of the Patent Lawyer Magazine.
From the article:
Patent applicants should understand the importance of including sufficient examples, direction, and guidance in the specification, and be wary of using functional claim language, particularly in the absence of any structural elements. Although structural limitations are not always sufficient, we recommend including claims that recite structural features.