Article
Federal Circuit: Provisional Application Must Support Later Claims
The Federal Circuit addressed whether a patent claiming priority to a provisional application can maintain that earlier filing date when the provisional disclosed a C2-C12 alkyl substituent but the issued patent broadened the claim to C1-C12 alkyl. This case examines the written description requirement and its impact on priority dates in pharmaceutical patent disputes, particularly where an intervening public disclosure by a competitor falls between the two filing dates.
Lerner David