Pharmaceutical patent owners’ growing frustration with the Federal Circuit’s tightening of Patent Act provisions that require inventors to fully describe what they’ve created has led to multiple Supreme Court petitions seeking to bring the country’s primary patent appeals court to heel.
The US Court of Appeals for the Federal Circuit over the past decade has adopted more stringent standards for meeting the law’s dictates that patents provide a clear written description, and enable others to understand the invention. Three separate petitions for review now ask the high court to examine the tests that have evolved from the statutory language that ...
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