Patent Law

The Fundamentals of the Written Description Requirement and Strategies for Responding to Written Description Rejections Part I
This post is the first of a two-part series on the written description requirement. This first installment discusses the fundamentals of the requirement, relevant law, and the proper standards for compliance...

Examples of How to Respond to Written Description Rejections - The Fundamentals of the Written Description Requirement and Strategies for Responding to Written Description Rejections Part II
This post is the second in a series addressing written description rejections. The following are basic examples of responses to written description rejections that apply some of the principles I discussed in my earlier post on the fundamentals of the written description requirement...

The Requirement that the Written Description be Concise
By Dennis Crouch The Patent Act requires that the written description of an invention be ?concise.? 35 U.S.C. 112p1. The meaning of that requirement is unclear, but but the language of Section 112 at least suggests that a written description...

Ariad v. Lilly: Written Description Showdown at the CAFC
Yesterday the CAFC granted rehearing en banc in Ariad v. Lilly. The order poses two questions: 1. Whether 35 U.S.C. § 112, paragraph 1, contains a written description requirement separate from an enablement requirement? and 2...

Written Description Bug
5,126,270 and continuation 6,017,745, claim turning bacteria into enzyme factories. Patent owner Carnegie Mellon University sued Roche for infringement. Roche got a claim construction that led to summary judgment of non-infringement, and invalidity for "lack of written description in light of...

Written Description: Araid Petitions en banc Federal Circuit to Eliminate Separate Written Description Requirement
Ariad v. Eli Lilly (en banc suggestion 2009) Ariad has petitioned the Federal Circuit for an en banc rehearing - boldly asking the court to eliminate the written description test as a distinct requirement of patentability under 35 USC Section...

Language Requirements for Citizenship
Naturalization without an English language test