In the race to get a patent application filed as early as possible, an inventor may only have time to acquire a limited amount of experimental confirmation of his invention. This seminar examines how experimental data showing that a compound or method does have the effect claimed (known as a “working example”) aids in satisfying the disclosure requirement for their inventions.  In turn, that working example can also show how the invention differs from the prior art to also satisfy the obviousness hurdle.  A clear and well defined strategy around working examples is recommended in obtaining claims with breadth that can withstand invalidity challenges.

Definiteness and the Medicines Co. and Forest Labs decisions

256th National Meeting (2018)

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