Xavier Pillai - Strategies for Strengthening Patent Protection of Pharmaceutical Inventions in Light of Federal Court Decisions

Version 1

      Publication Details (including relevant citation   information):

      Current Topics in Medicinal Chemistry, 2010, 10, 1929-1936

      Abstract:

      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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