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.
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.