Mintz Member Kenneth Jenkins was quoted in an article published by Managing IP discussing developments in Section 112. Kenneth commented, "Prosecutors often have to rely on functional claims because they are the only thing that will sufficiently protect clients’ innovations". He continued and said, "Inventors in similar situations to Juno could list all the known scFvs in their applications, which would help them get around Section 112 issues while still filing sufficiently broad patents... But this approach would be a financial burden on pharma."

 

Source

Managing IP