A petition for certiorari is currently pending before the United States Supreme Court which raises serious concerns as to fundamental principles of patent law, especially relating to the enablement requirement of 35 U.S.C. §112.  In the decision by the U.S. Court of Appeals for the Federal Circuit which gave rise to the petition in question, an “after-arising technology” exception was carved out from the requirement that a patent claim as construed must be enabled as to its full scope. The ruling did violence to other important rules, but it also has potential far-reaching consequences that have not been explored. It is essential that the Supreme Court grant certiorari to steer the law in the right direction.
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