For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Intellectual Property

Apr. 18, 2013

Patent enablement: What is 'undue experimentation'?

In Cephalon v. Watson Pharmaceuticals, the court held that experimentation is not "undue" even though it is "complicated and difficult."

Audrey A. Millemann

Shareholder, Weintraub Tobin Chediak Coleman Grodin

One of the requirements that a patent application must satisfy in order for the patent to be granted is "enablement." Enablement means that the patent's specification (the written text and the drawings) teaches a person skilled in the art (the technical field of the invention) how to make and use the invention. 35 U.S.C. Section 112. The enablement requirement is met if a person skilled in the art, after reading the specification, would be able to make and use the invention without undue e...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails



By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.