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Is The Chemical Genus Claim Really “Dead” At The Federal Circuit?: Part I, Christopher M. Holman
Is The Chemical Genus Claim Really “Dead” At The Federal Circuit?: Part I, Christopher M. Holman
Faculty Works
A 2020 law review article entitled The Death of the Genus Claim (“Death”) purports to document a dramatic shift in the Federal Circuit’s interpretation of 35 U.S.C. 112(a)’s enablement and written description requirements, particularly as applied to chemical genus claims. According to the authors of Death, it has become nearly impossible to obtain a chemical genus claim that will be upheld as valid in the face of a challenge for overbreadth under Section 112(a). Death was cited extensively in Amgens’s successful petition for certiorari in Amgen v. Sanofi, a case asking the Supreme Court to overturn the Federal Circuit’s decision …
Bilski And The Information Age A Decade Later, Michael J. Meurer
Bilski And The Information Age A Decade Later, Michael J. Meurer
Faculty Scholarship
In the years from State Street in 1999 to Alice in 2014, legal scholars vigorously debated whether patents should be used to incentivize the invention of business methods. That attention has waned just as economists have produced important new research on the topic, and just as artificial intelligence and cloud computing are changing the nature of business method innovation. This chapter rejoins the debate and concludes that the case for patent protection of business methods is weaker now than it was a decade ago.