Gerald B. Halt Jr. of Volpe Koening. Courtesy photo US Supreme Court: Amgen's Patents Fail to Satisfy Enablement Requirement
The court explained that "if a patent claims an entire class of processes, machines, manufactures, or compositions of matter, the patent's specification must enable a person skilled in the art to make and use the entire class." "In other words, the specification must enable the full scope of the invention. The more one claims, the more one must enable."
June 26, 2023 at 11:18 AM
7 minute read
Intellectual Property
The U.S. Supreme Court's recent holding in Amgen v. Sanofi affirmed a decision by the U.S. Court of Appeals for the Federal Circuit in which they found the claims of Amgen's patents invalid for failure to satisfy the enablement requirement of 35 U.S.C. Section 112(a). See Amgen v. Sanofi, 2023 U.S. LEXIS 2058 (U.S. May 18, 2023). In its reasoning, the court explained that "if a patent claims an entire class of processes, machines, manufactures, or compositions of matter, the patent's specification must enable a person skilled in the art to make and use the entire class." "In other words, the specification must enable the full scope of the invention. The more one claims, the more one must enable."
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