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Patent Law
: Philip Brooks’ Patent Infringement UpdatesWill USPTO Use Section 112 More Often to Reject Software Patent Claims?
By Philip Brooks
The following is excerpted from the May 8, 2010 post of Volker 'Falk' Metzler, Partner of KSNH Patentanwälte, at his Visae Patentes blog:
USPTO Director David Kappos recently commented on the March 22, 2010 Federal Circuit en banc decision Ariad Pharmaceuticals v. Eli Lilly and concluded that the written description requirement remains alive and well and is an essential ?backstop? against overclaiming. In the case, the Federal Circuit held that Section 112 of the Patent Act has a written description requirement that is separate and apart from the enablement requirement.
Read the full post here.
Full post as published by Philip Brooks’ Patent Infringement Updates on May 13, 2010 (boomark / email).
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