Blog Post

Traversing Higher Hurdles for Functional Limitations under Section 112

MoFo Life Sciences

28 Oct 2021

Genus claims have long been an important component of patent strategy, extending coverage around a lead compound to stop would-be competitors. Recent decisions from the Federal Circuit, however, highlight a tightening standard for written description and enablement of genus claims for biologic inventions, leading some legal scholars to proclaim the “death of the genus claim.”

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