Alexander Franzosa
The life sciences industry is a vital sector of the American economy, and its success is reliant on the protection of patent holder rights. One common feature in life sciences patents is the genus claim, a claim type traditionally allowing the patent holder to claim a group of related species based on common functionality. A novel interpretation of “written description,” a required element for patent applications, has emerged in recent decisions by the Court of Appeals for the Federal Circuit. This new interpretation has caused concern among some members of the life sciences industry regarding the validity of genus claims in current patents and future patent applications. The majority-conservative Supreme Court could have resolved this issue in favor of patent owners, but failed to seize such an opportunity by denying the writ of certiorari in Juno Therapeutics, Inc. v. Kite Pharma, Inc. in November 2022. If the Court addresses the Juno decision in subsequent rulings, it will likely protect life sciences genus claims. Such protection would benefit patent owners because the validity of current patents and the predictability of new patents depend on such claims. These benefits would strengthen the structure of the patent system as a whole. Nevertheless, the Court, much to critics’ chagrin, remains silent for the time being.