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- Title
BITING OFF MORE THAN YOU CAN CHEW: THE NEW LAW OF ENABLEMENT.
- Authors
Romrell, Jason
- Abstract
The article looks at the U.S. Federal Circuit's strengthening of patent law's enablement requirement, with respect to "predictable arts," in Liebel-Flarsheim Co. v. Medrad Inc. and Automotive Technologies International Inc. v. BMW of North America Inc. It argues that the court has imported into the mechanical arts the stringent standards of enablement previously used for biotechnical and chemical inventions. It reasons that the new enablement standard goes beyond that needed for one skilled in the art to practice the invention, and unnecessarily blurs the line between written description and enablement. It concludes that a balanced and well-defined enablement requirement can promote second-generation innovation by preventing unwarranted extension of claim scope.
- Subjects
UNITED States; PATENT law; PATENT suits; INTELLECTUAL property; LEGAL judgments; PATENT infringement; LIEBEL-Flarsheim Co.; MEDRAD Inc.; BMW of North America LLC; AUTOMOTIVE Technologies International Inc.; UNITED States. Court of Appeals (Federal Circuit); ACTIONS &; defenses (Law)
- Publication
Berkeley Technology Law Journal, 2008, Vol 23, Issue 1, p139
- ISSN
1086-3818
- Publication type
Article