• Federal Circuit Hears Oral Arguments in Ariad v. Eli Lilly on Written Description Requirement
  • January 4, 2010 | Author: Paul M. Rivard
  • Law Firm: Banner & Witcoff, Ltd. - Washington Office
  • It has been standard practice since at least the 1952 Patent Act for patent lawyers across all technology disciplines to include in patent applications an adequate written description sufficient to show that the inventors were in possession of the invention and a teaching to one of skill in the art how to make and use the invention. Each of these separate aspects was commonly understood to be statutorily mandated by 35 U.S.C. ยง 112, 1. Likewise, failure to provide an adequate written description is a common defense to patent infringement allegations. If the patent fails to provide an adequate written description, the patent is invalid and therefore unenforceable.