Conception : CAFC Alert

Under pre-AIA law, conception of a DNA segment is established by possession and appreciation, not completely accurate sequence knowledge

Bernadette McGann | November 20, 2013

Sanofi-Aventis v Pfizer, Inc.

November 5, 2013

Before Newman (Circuit Judge), Lourie (Circuit Judge) and Davis (District Judge). Opinion by Newman.

Summary:

A patent is awarded to the first party to conceive and reduce to practice the invention.  When the invention is directed towards a DNA segment, conception requires possession and appreciation of the DNA segment that is claimed.  A completely correct sequence of the DNA segment is not the standard for establishing conception and reduction to practice.


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