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March 20, 2014

Enablement Out of Order

In Alcon v. Barr (2012-1340), a CAFC panel reminds that the U.S. patent regime is rotten to the core. Applicants may get patents for so-called "inventions" that don't work: "a patent does not need to guarantee that the invention works for a claim to be enabled. It is well settled that an invention may be patented before it is actually reduced to practice."

Posted by Patent Hawk at March 20, 2014 2:29 AM | The Patent System