Untangling the Nanothreads Between the Enablement and Written Description Requirements
Volume 4, Issue 1
Leonard P. Diana, Fitzpatrick, Cella, Harper & Scinto
Lawrence S. Perry, Fitzpatrick, Cella, Harper & Scinto
John C. Heuton, Fitzpatrick, Cella, Harper & Scinto
Rita S. Wu, Fitzpatrick, Cella, Harper & Scinto
In order to effectively prosecute and litigate patents in the emerging field of nanotechnology, the authors seek to unravel the tangled jurisprudence pertaining to enablement and written description. In this article, the authors discuss relevant portions of the history of the enablement and written description requirements under 35 U.S.C. § 112 and explore the differences between the two with respect to nanotechnology patents by comparing case law relating to overlapping and/or other developing technologies, such as chemistry and biotechnology, in which some similar issues may arise.
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