Oblon hosted a webinar with IAM entitled "Enablement in a Post-Amgen World -- From Antibodies to Artificial Intelligence," co-hosted by Sameer Gokhale and Richard Kelly on September 26, 2023 at 9:00am EDT.
In this webinar, we discussed how to avoid enablement issues in the U.S. in mechanical, chemical, and software technologies (such as AI) in view of the recent Supreme Court decision Amgen v. Sanofi.
In our common law system, there is no set of strict written rules governing what is required for enablement, as it is driven by the policy behind enablement and prior case law. The webinar explored the relevant case law and the policy behind enablement.
Patent practitioners need to understand how to address the issue of enablement. The webinar discussed how responses to an enablement challenge may include claim construction, expert testimony, and use of prior art amongst others.
We further examined how to avoid enablement issues including how to identify such issues during the drafting process and during prosecution. We looked at how the functional nature of software-related patents make them vulnerable to scrutiny after Amgen.