Tag Archives: Written Description Guidelines

USPTO Withdraws Newly Characterized Antigen Test For Written Description Of Antibodies

The USPTO issued a two page memorandum to the Patent Examining Corps noting that some of the USPTO’s written description guidance pertaining to antibody claims is “outdated.” The memo specifically notes withdrawal of the “newly characterized antigen test” for written description of antibodies, and advises that additional written description examination guidance is forthcoming.… Continue reading this entry

Join Me In a Telebriefing Seminar on Centocor

On Thursday, March 31, at 3:00 PM Eastern Time (12:00 PM Pacific Time), I will be speaking during a Law Seminars International TeleBriefing titled “Centocor Ortho Biotech, Inc. v. Abbott Laboratories,” discussing the impact of the Federal Circuit’s recent decision. The panel consists of: Donald L. Zuhn, Ph.D, Esq., McDonnell Boehnen Hulbert & Berghoff LLP, … Continue reading this entry

The Written Description Requirement for Antibodies (Centocor Part I)

Yesterday, in Centocor Ortho Biotech, Inc. v. Abbott Laboratories, the Federal Circuit held that the human antibody claims that Centocor had asserted against Abbott’s Humira® product (claims 2, 3, 14 and 15 of U.S. 7,070,775) are invalid for failing to satisfy the written description requirement of 35 USC § 112. (This decision will negate a $1.67 billion damages … Continue reading this entry