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Feb 25, 2019 · The 668 Patent covers a crystalline form of a desvenlafaxine salt, Form I desvenlafaxine succinate (“Form I”), a drug used to treat depression. Both Teva and Apotex argued that Form I – which had been discovered in the course of a salt and crystal screening study – was obvious.
Obviousness: To be patentable, an invention must be unobvious: section 28.3 of the Patent Act. Relevant date: The claimed subject-matter must not have been obvious on the claim date: section 28.3 of the Patent Act. Four-step approach: The approach for assessing obviousness has four steps (Sanofi):
Sep 12, 2019 · Many biomedical researchers discover -the hard way-that obviousness, as defined by the US patent and trademark office (USPTO) greatly influences patent allowance. A finding of obviousness prevents allowance, and courts and USPTO carefully construct and refine its definition.
- Graham Timmins
Mar 26, 2024 · The US Patent and Trademark Office (USPTO) recently updated its guidance for patent examiners and applicants in determining obviousness under 35 USC § 103, based on the US Supreme Court’s ruling in KSR Int’l Co. v. Teleflex Inc., 550 US 398 (2007).
Jan 1, 2010 · Patents thus are a critical, inseparable component of the drug discovery process. Most medicinal chemists have a basic understanding of patents. This chapter assumes and builds upon this basic knowledge by analyzing court cases where patent owners took suspected infringers to court.
- Charles J. Andres, Richard L. Treanor
- 2010
Pharmaceutical research often entails making small modifications to candidate drug molecules—modifications that might be deemed “obvious to try”—and then studying the largely unpredictable, yet critical, resulting biological effects.
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Sep 4, 2019 · Here I develop an alternative framework for the opinion-free and evidence-based determination of obviousness (EBDO) that is based on the actual patenting practices and actions of a peer group of...
