When A Patent Disclosure Is Not A Disclosure [Law360]

Martin Pavane, vice chair, and Darren Mogil, a member of Cozen O'Connor's Intellectual Property Department, co-authored an article in Law360 on the Federal Circuit's decision in FWP IP APS v. Biogen MA, Inc., an appeal from a Patent Trial and Appeal Board decision in an interference between FWP and Biogen. In return for the grant of a patent monopoly, the patentee must provide in the patent a full description of the patented invention. This “written description” requirement is codified in 35 U.S.C. § 112 of the Patent Act.

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