The U.S. Court of Appeals for the Federal Circuit upheld a decision by the Patent Trial and Appeal Board that rejected Xencor's Jepson patent claims due to lack of written description in the specification. This ruling underscores the idea that Jepson claims, while limiting by definition, now additionally require explicit disclosure of prior art in order to remain valid. The ruling may signify the end of practical use for Jepson claims, as it places a heavier burden on applicants to substantiate their claims or face invalidation.
The Federal Circuit's recent ruling emphasizes that without a detailed disclosure supporting prior art in Jepson claims, they risk invalidation due to insufficient written description.
Xencor's case highlights that the Jepson claim format, traditionally seen as limiting, is now even more problematic, possibly rendering many existing claims unpatentable.
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