Chicago Partner Steven Trybus was quoted by Law360 on the U.S. Supreme Court’s highly anticipated decision on enablement in Amgen v. Sanofi, which ruled that the same patent enablement standard that has existed for centuries must be applied to modern antibody patents. At issue was how much a patent must disclose in order for a skilled artisan to be able to make and use the invention without “undue experimentation,” thereby satisfying Section 112 of the Patent Act’s ‎enablement requirements, the article explains. ‎

Trybus notes that the justices’ ruling did not change the current law, but the details it provided will be important to consider moving forward. “The justices’ decision provided needed clarification, but will end up being ‘business as usual’ rather than a ‘sea change,’” he said.

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