In re Cellect Decision Industry Reactions natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.
Silence Doesn t Support Negative Claim Limitations | Caldwell Intellectual Property Law jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
Federal Circuit invalidated a patent for lack of written description under 35 U.S.C. § 112, and in doing so clarified its standard for evaluating written description of so-called negative limitations. Novartis Pharm. Corp. v. Accord Healthcare, Inc.
Patent claim limitations that are negative can pose a dilemma in written descriptions. How much of the specification should be devoted to something that is not supposed to be part of the claim? The Federal Circuit answers in Novartis Pharmaceuticals v. Accord Healthcare Inc.
Patent claim limitations that are “negative” that is, claim limitations specifying the absence of a particular element from the patent claim can pose a dilemma in the written.