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Possessing a claimed invention when filing a patent application -- and disclosing it there -- may no longer meet the written-description requirement, particularly if the invention is a nucleic acid. Judge Alan D. Lourie invalidated claims to nucleic acid probes deposited as of the filing date and disclosed in the same terms as the claims. The heightened written-description requirement is surprising in light of long-standing precedent.
June 06, 2002 at 12:00 AM
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The original version of this story was published on Law.Com
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