Joshua Goldberg of Nath, Goldberg & Meyer enlightens us on the standard for satisfying the written description requirement for negative claim limitations. Although the inherency doctrine is available, it has been recently called into question. Now many wait to hear the if the Federal Circuit Court will decide to rehear the case en banc that could affect countless granted patents. Read Joshua’s article regarding this issue by clicking here: https://www.americanbar.org/groups/litigation/committees/intellectual-property/articles/2022/inherency-doctrine/

This article was originally published by the American Bar Association’s Litigation Section on October 20, 2022.