The Federal Circuit has agreed to an en banc rehearing that could result in reversal of a written description requirement for patents that it imposed a dozen years ago. The court will tackle whether the patent code requires a specific "written description" of the invention in addition to enabling language that explains how to make and use it. The question is hotly debated across the intellectual property community, said an attorney in the case, George Washington University Law School's John Whealan.
En Banc Federal Circuit to Address Closely Watched Patent Issue
The National Law Journal
August 26, 2009