"Agilent Technologies has petitioned the Supreme Court to review the Federal Circuit's June 2025 decision affirming PTAB invalidation of two pioneering CRISPR gene-editing patents. The case turned on a prior art abandoned patent application containing prophetic examples that were never reduced to practice. Citing prior precedent, the Federal Circuit held that the reference was presumed to be enabling and required no additional proof of efficacy."
"The petition arrives at this important moment as AI systems threaten to flood the patent system with billions of speculative disclosures. As most of us have experienced, the difficulty with GenAI outputs is that the technical hypotheses often seem reasonable on the surface and are presented with confident, authoritative language, but they typically suffer from the major defect of having little grounding in reality."
A petition asks the Supreme Court to review a Federal Circuit decision upholding PTAB invalidation of two CRISPR patents based on an abandoned application with prophetic examples. The Federal Circuit treated the abandoned application as a presumptively enabling printed publication and required no additional proof of efficacy under existing precedent. The petition specifically challenges whether printed publications should be presumed enabling and asks that the Rasmusson precedent be vacated or narrowed. The petition raises concerns about AI-generated speculative disclosures flooding the prior art landscape and the difficulty of distinguishing plausible but non-operable publications.
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