The Death of the Written Description Requirement? Analysis and Potential Outcomes of the Ariad Case

Overview

There is significant disagreement among judges of the Court of Appeals for the Federal Circuit (CAFC) regarding the requirements for adequate disclosure in the specification of a U.S. patent application. The CAFC is considering whether to modify, or perhaps remove entirely, the so-called “written description” requirement in light of a decision on August 21, 2009, to grant an en banc rehearing in the Ariad case. Modifying or removing the written description requirement would change U.S. patent law that has been in place since the Lilly decision in 1997, and the Ariad case merits close attention due to its potential impact on patent prosecution and patent litigation. To view the article, click Here.