Predictable Results from Unpredictable Arts

By: Josh Sloat

Unpredictable Arts

Patenting Biological, Chemical, and Emerging Technologies
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​Think your innovation is sufficiently enabled to secure, defend, and assert your patent rights? If it’s a biological, chemical, or emerging technology invention then you might want to think again. In today’s episode we’re looking into how to get more predictable results from the unpredictable arts.

Some technologies, like those rooted in physics and mechanics, are considered “predictable” by the US Patent Office, while others, like biological and chemical technologies, are generally considered “unpredictable.” It follows that the amount of disclosure required to enable an invention is related to the predictability of the technology, and so-called unpredictable arts require more description to teach a reader how to “make and use” the technology. Similarly, emerging technologies, being less well known, also require more disclosure to be fully enabled.
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In this month’s episode, David Jackrel, President of Jackrel Consulting, leads a discussion along with our all star patent panel, exploring enablement for the unpredictable arts and emerging technologies. The panel discusses peculiarities of patenting unpredictable art and emerging technologies, with a focus on modern case law and statutes to arrive at a set of best practices for getting more predictable results when patenting these technologies.

Dave is also joined today by our always exceptional group of IP experts including:

• Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora 
• Kristen Hansen, Patent Strategist at Aurora
• Shelley Couturier, Patent Strategist and Search Specialist

Availability

​Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.

Topic and guest participant requests

If you’re an agent or attorney and would like to be part of the discussion or an inventor with a topic you’d like to hear discussed, please reach out.​

Resources

​Related Episodes

• Fortifying Life Science Patents: Eligibility and Enablement – Sections 101 and 112
• From Alice to Axle: IP Uncertainty for the Innovation Economy
• Means-Plus-Function: The Risk of Losing Your Way
• Patent Anatomy: What's in a patent?

Related Reading

• How to Read Chemical and Drug Patents
• Enablement and Written Description: Hindsight Gotchas
  
• USPTO MPEP

​Transcripts​
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Slides
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