Federal Circuit Reinvigorates the Written Description Requirement

April 9, 2010

In last week's en banc decision in Ariad v. Eli Lilly, the Federal Circuit reaffirmed the existence of a written description requirement in section 112 separate from the enablement requirement. The ruling emphasizes the importance of describing one's actual invention and reflects the Court's willingness to invalidate claims in the all too many cases where there is a disconnect between the invention described in the four corners of the specification and that in the claims.

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