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Don’t Be Caught Without Possession (of Your Invention): What You Need To Know About the Written Description Requirement

Mintz Members Peter Cuomo and Muriel Liberto co-authored an article published in the March/April 2021 issue of IP Litigator that examined how the U.S. written description requirement is developing in the ‘unpredictable’ pharmaceutical and biotechnology-related arts. In their article, Mr. Cuomo and Dr. Liberto reviewed a line of post-Ariad “blaze marks” cases illustrating what may become a trend toward a higher bar for satisfying the written description requirement in the United States, particularly as applied to genus claims covering molecules large and small, such as antibodies, enzymes, and small organic molecules. Where the claim further relies upon functional language to define a genus of compounds, the authors cautioned that the bar is likely to be even higher to the extent this line of cases is followed.


IP Litigator

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