- videocam Live Webinar with Live Q&A
- calendar_month April 29, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Patent
- schedule 90 minutes
Navigating Enablement: USPTO Guidelines for Assessing Enablement, Post-Amgen Court Treatment, Wands Factors
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About the Course
Introduction
This CLE webinar will guide patent counsel on enablement and the U.S. Patent and Trademark Office's (USPTO) Guidelines for Assessing Enablement. The panel will also examine the decisions that have applied Amgen v. Sanofi (U.S. 2023) as well as the Wands factors used in the enablement determination.
Description
In 2024, the USPTO issued enablement guidelines in light of the U.S. Supreme Court decision in Amgen v. Sanofi. The guidelines apply regardless of the technology. They note that the Wands factors will continue to be used to determine if the "amount of experimentation required to enable the full scope of the claimed invention is reasonable."
In Amgen, the Supreme Court gave mixed signals on how the enablement doctrine should be applied in other scenarios and how practitioners should proceed when drafting, defending, or challenging patent claims. The courts have addressed enablement in several cases since the Amgen decision.
Given the recent guidelines and recent decisions, patentees and patent challengers should carefully keep them in mind when drafting or challenging patents.
Listen as our authoritative panel of patent attorneys examines enablement. The panel will briefly review the Supreme Court's decision in Amgen and will discuss the cases that have applied it. The panel will also examine the USPTO guidelines for assessing enablement.
Presented By
Mr. Augustyn represents clients in high stakes intellectual property litigation, licenses, agreements, mergers & acquisitions, client counseling, and prosecution. Leveraging his prior experience in management and as an engineer at Fortune 100 companies, he understands that IP and business issues require creative and cost-effective legal solutions. Mr. Augustyn has been an international speaker at over 60 programs to thousands of corporate and outside counsel. Also, he has been an instructor and advisor for over 15 years total at Loyola Law School and Northwestern Law School. Mr. Augustyn has been selected for several honors including Best Lawyers, Super Lawyers, Top 50 Lawyers in America, IAM Patent 1000, and Fellow to Litigation Counsel of America.
Mr. Hamp assists clients in all aspects of intellectual property law, with a particular focus on the litigation and enforcement of patent, trademark, copyright and trade secret rights. He represents clients from a variety of industries in the preparation and prosecution of utility and design patent applications before the USPTO, including applications related to the chemical, healthcare, mechanical, computer software, sporting goods, and household products fields. Mr. Hamp has successfully prepared and/or prosecuted applications in many technology areas, including for pharmaceuticals, food and beverage compositions, chemical catalysts, malware detection methods, and semiconductor devices. He also provides counseling and opinion work for utility patent, design patent, trademark and copyright matters, including freedom to practice and validity assessments, domestic and foreign infringement investigations, drafting of license and transfer agreements, and other strategy counseling.
Professor Sarnoff received the 2018 DePaul Spirit of Inquiry Award, as well as numerous awards for his scholarship. He is an internationally recognized expert on the intersections of intellectual property law, environmental law, health law, and constitutional, administrative, and international law. In June 2019, Professor Sarnoff testified before the Intellectual Property Subcommittee of the Senate Judiciary Committee on pending legislation to revise subject matter eligibility doctrine under Section 101 of the Patent Act. From January 2014 to July 2015, he served as the Thomas A. Edison Distinguished Scholar at the U.S. Patent and Trademark Office. Professor Sarnoff directed the DePaul Center for Intellectual Property and Information Technology (CIPLIT®) and organized and moderated the 2018 Jaharis Health Law Symposium on Emergency and Technological Responses to Pandemic Diseases and the 2011, 2015, and 2019 Intellectual Property Scholars Conferences (IPSC). He also hosts the annual Edward D. Manzo Scholars in Patent Law series.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Wednesday, April 29, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Brief review of Amgen decision—how we got to where we are
II. USPTO guidelines for assessing enablement
III. Post-Amgen Federal Circuit enablement decisions
IV. Wands factors
V. Best practices
The panel will review these and other critical issues:
- What insights do recent decisions and the USPTO guidelines provide on determining reasonableness of experimentation?
- What steps should counsel take to meet the enablement requirement when drafting patent applications?
- How can patentees and patent challengers leverage the guidelines and recent decisions in challenges based on enablement?
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