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United States Leading Case patents

Amgen Inc v Sanofi

598 US 594 (2023)
JurisdictionUnited States
CourtUS Supreme Court
Year2023
StatusBinding authority

Summary

Patent claims covering an entire genus of antibodies are invalid under 35 USC §112 unless the specification enables the full scope of the claimed genus, not merely representative species.

Key Principle

The enablement requirement of 35 USC §112 demands that the patent specification enable the full scope of the claimed genus, not just a few species; broad functional claims to an entire genus of antibodies were invalid for lack of enablement.

Area of Law

ip

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