Abstract
Recent decisions from the Federal Circuit and the Board of Patent Appeals and Interferences impact the patentability in the United States of certain types of inventions in industrial biotechnology. The decisions concern, in particular, the statutory requirements of written description, anticipation and obviousness. Thus, whether a company’s products involve synthetic enzymes for feedstock production or engineered energy crops with improved traits, attention should be given to updating one’s patent tactics to comport with these developments.
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