The Enablement Requirement Requires More Than Just “Two Research Assignments,” says SCOTUS

112 Enablement patent

On May 18, 2023, the U.S. Supreme Court released its long-awaited decision in Amgen Inc. v. Sanofi,[1] which touches on a formal requirement for patentability, the enablement requirement.  In a unanimous ruling, the Supreme Court held that where a patent claims an entire genus, the specification must enable one skilled in the art to make …

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Fed Circuit Watch: Enabling Scope of Design Patent Claims Expands – Greatly

112 design Enablement fed circuit watch indefiniteness patent

In a potentially ground-breaking decision in design patent prosecution, the Court of Appeals for the Federal Circuit handed down In re Maatita,[1] on August 20, 2018. The facts are as follows.  Ron Maatita filed a design patent application with the USPTO, Serial No. 29/404,677, claiming an athletic shoe sole design. As with all design patent …

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