Solutions to the Problem of Therapeutic Antibody Genus Claims

Solutions to the Problem of Therapeutic Antibody Genus Claims

Journal article

1 online resource

The Federal Circuit has insisted, in cases such as Ariad Pharmaceuticals v. Eli Lilly (Fed. Cir. 2010), that the legal requirements for enablement and for written description are to be considered as distinct portions of 35 U.S.C. § 112(a). Enablement of an antibody genus claim requires evidence that, at the desired priority date, a person of skill in the art could achieve the full scope of the claim “without undue experimentation.” In contrast, written description requires evidence that, at the desired priority date, the inventor had “possession” of the full scope of the claim.

Crossref

AIPLA Quarterly Journal, Summer 2024, Volume 52, Issue 3, p. 513.

[New York, NY] : Thomson Reuters, 2024.

English

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