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Patents / Biotechnology / US Biotechnology Practice |
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4.1 Written description and enabling disclosure are separate requirements. Case
law has made it clear that the requirement for a "written description" of the
invention and an "enabling disclosure" are separate requirements. For example
a specification may contain sufficient information to enable a skilled chemist
how to produce a particular compound because it gives detailed information as
to how to produce analogous compounds, but, if it makes no reference to the
compound in question, the "written description" requirement has not been met
since there is no way of knowing whether the inventor in fact regarded the
compound in question as part of his invention.
[33]
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