Satisfying Written Description and Enablement (Section 112a) Requirements: From Software to Gene Sequences

Written description and enablement are among the most common reasons for patent application rejections — not only during the prosecution phase, but also during post-grant review. While they are often discussed in the same breath as if they are a single requirement, written description and enablement are in fact different considerations under U.S. law with distinct […]

Written description and enablement are among the most common reasons for patent application rejections — not only during the prosecution phase, but also during post-grant review. While they are often discussed in the same breath as if they are a single requirement, written description and enablement are in fact different considerations under U.S. law with distinct requirements. 

Rejections often cause a mass exodus of potential licensees and business partners. And in the case of start-ups a failed application or post-grant challenge can be a death knell for the fledgling company. Adding to the complexity is the impact of differing standards for meeting written description and enablement requirements in overseas patent venues, which should also be factored into your drafting strategies.  

We’ve teamed up with leading experts from the law firm Innovators Legal — with decades of experience counseling university clients — to bring you this eye-opening distance learning program: Satisfying Written Description and Enablement (Section 112a) Requirements: From Software to Gene Sequences, scheduled for December 9th. Join our attorney panel as they discuss how each requirement under U.S. law is different, and what factors and strategies you must consider to ensure the strongest possible applications. For compete details or to register, click here.

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