By Dani Kass (January 28, 2022,8:46 PM EST) -- Attorneys on both sides of drug patent challenges at the Patent Trial and Appeal Board have to be extremely cautious to draft an obviousness argument in a way that doesn't undermine one for written description or enablement, according to an IPWatchdog panel.While inter partes reviews involve only challenges based on obviousness — under Section 103 of the Patent Act — or anticipation, attorneys said arguments in the case have a high potential to hurt challenges in district courts or the U.S. International Trade Commission based on Section 112. The latter section deals with whether the patent's specification sufficiently describes what...
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