Pathways to Patents: Applying the Written Description Requirement Doctrine to Patents on Biological Pathways

Authors

Shengfeng Chen

Abstract

Research tool and "research-through" patents have become increasing concerns in recent years, particularly in pharmaceutical and biotechnology fields. In response to the impacts of these patents, courts have responded with a series of judicial decisions, and attempted to regulate these patents using the written description doctrine. However, these decisions have been confusing and inconsistent. After an examination of the Federal Circuit's written description jurisprudence and scholastic responses to these decisions, this article proposes a new standard of meeting the written description requirement to provide a workable solution for regulating research tool and "research-through" patents.

Recommended Citation

Shengfeng Chen, Pathways to Patents: Applying the Written Description Requirement Doctrine to Patents on Biological Pathways, 30 UC Law SF Comm. & Ent. L.J. 559 (2008).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol30/iss3/6