The Federal Circuit’s March decision in In re Xencor, Inc., No. 24-1870 (Fed. Cir. Mar. 13, 2025) has altered the landscape for patent applicants using a Jepson claim format, creating new challenges that may warrant careful consideration. The ruling not only impacts written description requirements but has potential implications for subject matter eligibility analysis under 35 USC §101. As practitioners navigate these new waters, understanding both the Xencor decision and its broader ramifications appear to have become essential for effective patent prosecution strategy.
Federal Circuit’s Xencor Decision: Considerations for Jepson Claims and Implications for 35 U.S.C. § 101 Analysis
