The section 112 "description requirement" - a misbegotten provision confirmed
Article Abstract:
The description requirement of section 112 of the Patent Code should not be considered distinct from the best mode and enablement requirements. The decision in Vas-Cath, Inc v Mahurkar reaffirmed the validity of the description requirement, but it is obviated by the requirements of best mode and enablement. The description requirement does not employ an objective standard, does not have a statutory precedent and enablement already fulfills the description's purpose more efficiently.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1992
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Can product-by-process patents provide the protection needed for proteins made by recombinant DNA technology?
Article Abstract:
Proteins from recombinant DNA should be patented by claims of product-by-process. Such claims can be validated by the concept of purity as established in Scripps Clinic & Research Fund v Genentech, Inc. Nonobviousness, novelty and subject matter can be decided by purity principles. Thus, the biotechnology industry would be well served by product-by-process patents.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1992
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