Monday, January 15 2024   \  Published by JD Supra.

USPTO Provides Guidance on Standards for Enablement Requirement

USPTO Provides Guidance on Standards for Enablement Requirement

On January 10th, the U.S. Patent and Trademark Office published a Notice in the Federal Register (89 Fed. Reg. 1563) regarding proposed Guidance on how the Office will apply the enablement requirement under 35 U.S.C. § 112(a) in light of the Supreme Court's decision last year in Amgen v. Sanofi. In a nutshell, the Office announced that it will do so by continuing to use the rubrics established by the Federal Circuit in In re Wands. Read more

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