Publication Details (including relevant citation information):
Current Topics in Medicinal Chemistry, 2010, 10, 1929-1936
Discussed are recent changes in patent law that are relevant to securing patents in the current landscape. We have discussed important court cases such as KSR International Co. v. Teleflex, Inc. (US Supreme Court, 2007), and the court of appeals cases addressing key issues such as obviousness of pharmaceutical inventions. The courts have held that if an invention is obvious to try and there are only a limited number of predictable ways in which to solve the problem in hand, then the invention is likely to be obvious and therefore unpatentable by current standards. Even new molecule patents have been under attack under the new regime. The article also addresses the way the United States Patent Office examines chemical and pharmaceutical patent applications.
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