Partner Ronald Kern commented on the U.S. Patent and Trademark Office’s guidelines related to the enablement requirement following the U.S. Supreme Court’s decision in Amgen v. Sanofi in May 2023. In the article “USPTO Backs Wands Factors Post-Amgen Enablement Loss,” published Jan. 11, 2024, Kern stated how the decision raised additional questions, including “whether it applies across all technologies (as opposed to just antibodies or the life sciences space) and what standard is to be used when evaluating undue experimentation.”
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