U.S. Patent Office Enablement Guidelines in View of Supreme Court Amgen v. Sanofi Decision

The U.S. Patent Office has published updated examination guidelines regarding the enablement requirement in view of the Supreme Court’s May 2023 decision in Amgen v. Sanofi. The guidelines generally reiterate that (1) enablement applies to all technology areas, not just biotech, and (2) the Patent Office may increase its enforcement of the enablement doctrine against functional claims directed to a considerable amount of embodiments….
By: Manatt, Phelps & Phillips, LLP