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Parsing the USPTO's Guidelines for Assessing Enablement

The U.S. Patent and Trademark Office (USPTO) recently published the “Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc. et al. v. Sanofi et al.” for ascertaining compliance with the enablement requirement of Title 35 of the U.S. Code, Section 112.
Published in the Federal Register on Jan. 10, 2024, the guidelines require that a patent specification enable a person of ordinary skill in the art to make and use the invention in light of the U.S. Supreme Court's 2023 decision in Amgen Inc. v. Sanofi.

In this Law360 article written by Patent Litigation partner Ryan Hagglund, he discusses the recent guidelines from the USPTO regarding the enablement requirement in utility patents following the Supreme Court's decision in Amgen Inc. v. Sanofi