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Expert Analysis

Enablement Standard Insights From Fed. Circ. Agilent Ruling

By Bindu Donovan, Sumaiya Sharmeen and Maggie Dowling ( September 5, 2025, 12:45 PM EDT) -- In a June 11 decision, the U.S. Court of Appeals for the Federal Circuit clarified the distinction between the prior art enablement standard under Title 35 of the U.S. Code, Section 102, and the enablement standard under Section 112.[1] The issue arose in Agilent Technologies Inc. v. Synthego Corp., where the court affirmed the Patent Trial and Appeal Board's decision concerning Agilent's patents related to the gene-editing tool CRISPR....

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