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1.
If a patent claims an entire class of processes, machines, manufactures, or compositions of matter, the patent’s specification must enable a person skilled in the art to make and use the entire class. I.e. the specification must enable the scope of the invention as defined by its claims.
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A specification must not always describe with particularity how to make and use every single embodiment within a claimed class (an example will suffice). Nor is a specification necessarily inadequate just because it leaves the skilled artist to engage in some measure of adaptation or testing.
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A specification may call for a reasonable amount of experimentation to make and use a claimed invention, and reasonableness in any case will depend on the nature of the invention and the underlying art.
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Enablement is not measured against the cumulative time and effort it takes to make every embodiment within a claim.
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5.
There is (only) one statutory enablement standard – the more a party claims for itself, the more it must enable.
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Amgen Inc. et al. v. Sanofi et al. Patent Act, §112. “Amgen v. Sanofi”. IIC 54, 1275 (2023). https://doi.org/10.1007/s40319-023-01377-w
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DOI: https://doi.org/10.1007/s40319-023-01377-w