How does the “how to make” requirement apply to unstable chemical intermediates?
The “how to make” requirement in patent law is applied differently for unstable and transitory chemical intermediates. As stated in MPEP 2164.01(b): “Naturally, for unstable and transitory chemical intermediates, the ‘how to make’ requirement does not require that the applicant teach how to make the claimed product in stable, permanent or isolatable form.” This principle…
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