Kilpatrick attorneys Yifan Mao and Stuart Pollack recently attended the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) to discuss the “The Federal Circuit’s New § 112 Attack on Biotechnology: Diagnosis and Prescription.” The recent rulings from the Federal Circuit have emphasized the importance of the written description and enablement defenses in patent litigation and prosecution, particularly in the field of biotechnology. This new case law now requires that inventors provide a detailed process for identifying new antibodies, peptides, proteins, and nucleic acids that may be discovered in the future and providing structural information for these bioproducts. This session described the new law, discussed the implications and suggested effective approaches to counter these defenses during patent prosecution.
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