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ARTICLE · 07 SEPTEMBER 2021

PTAB Adopts Idendex In Finding Markush Group Not Enabled

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In Post Grant Reviews (PGR) the Patent Trial and Appeal Board (PTAB) may consider all statutory challenges to patent claims including those under 35 U.S.C. § 112.

United StatesIntellectual Property
Richard D. Kelly
Richard D. Kelly
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    In Post Grant Reviews (PGR) the Patent Trial and Appeal Board (PTAB) may consider all statutory challenges to patent claims including those under 35 U.S.C. § 112. One such challenge was brought in Syngenta Crop Protection v. FMC Corp in PGR2020-00028 (Syngenta), decided August 31, 2021, against U.S.P. 10,294,202 ('202 patent). The PTAB found all challenged claims, 1-3, 9-13, and 21-30, unpatentable as lacking an enabling disclosure commensurate in scope with the claims and a subset, claims 9 – 13, as lacking written description, 35 U.S.C. § 112(a).

    The '202 patent is directed to pyrrolidinone herbicides:

1. A compound selected from Formula I, N-oxides and salts thereof :

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