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PUBPAT in the Federal Circuit » PUBPAT Files Brief Defending Written Description Requirement

PUBPAT FILES BRIEF DEFENDING WRITTEN DESCRIPTION REQUIREMENT

WASHINGTON, D.C.  --  November 19, 2009  --  The Public Patent Foundation (PUBPAT) — through the pro-bono efforts of Professor Josh Sarnoff and law students at Washington College of Law  — filed a friend-of-the-court brief (PDF; 94KB) with teh Court of Appeals for the Federal Circuit today defending the written description requirement be preserved because, "the public interest lies in preserving the current written description requirement." 

PUBPAT's brief, submitted in the case of Ariad Pharmaceuticals v. Eli Lilly, which will be heard by the Federal Circuit en banc, argues that the written description requirement plays a critical role by preventing claims for research plans that–if allowed–would create notice and fairness problems and breed litigation and increase legal transaction costs, impede research and impose excessive costs on the public, and unjustly enrich applicants.

PUBPAT's brief can be found at PUBPAT in the Federal Circuit.
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