The Supreme Court’s unanimous 2023 decision in Amgen v. Sanofi, 598 U.S. 594 (2023), reshaped enablement analysis for broad genus claims under 35 U.S.C. §112.
Post-Amgen Patent Playbook: Section 112 Under the Microscope
The Supreme Court’s unanimous 2023 decision in Amgen v. Sanofi reshaped enablement analysis for broad genus patent claims. In the wake of Amgen, broad functional claims have been scrutinized rigorously for sufficient disclosure. This article summarizes key post-Amgen decisions, which illustrate how patent drafters and litigators must navigate the fine line between claim breadth and disclosure depth in the post-Amgen era.
By
Stephen R. Auten , Jaimin H. Shah and Roshan P. Shrestha, Ph.D.
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