9/25/2023 0 Comments Kite pharma amgenThe general test that must be satisfied for the written description requirement is whether the inventor(s) provided sufficient description in the patent to show that there was “possession” of the claimed invention at the time of filing. The general test that must be satisfied under the enablement requirement is that the patent must provide enough description such that a person skilled in the field could make and use the claimed invention, without undue experimentation. ![]() Both requirements must be met for any claim (including a claim covering a biological composition) to be valid and enforceable. These requirements are known as the enablement requirement and the written description requirement. In particular, it can be difficult for broad biological compound claims to meet the two requirements in patent law that are used to “police” claim scope. However, because the biological arts are treated as an unpredictable art in the field of patents, it is often challenging to obtain and defend patent claims directed to biological compounds that have broad scope. Patentees often want claims that are broad in scope in order to capture as many variations as possible of their invention. (J.B.) Fitzgerald, Ph.D., Snell & Wilmer L.L.P.
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