What is your reasonable expectation of success in obtaining pharmaceutical or biotechnology patents having nonobvious claimed inventions that the courts will uphold? An overview of obviousness court decisions

This article explores the legal basis for establishing the nonobviousness of patent claims in the life sciences fields of technology drawn from the guidance provided in published decisions of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board, federal district courts, the Fede...

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Bibliographic Details
Published in:	Cold Spring Harbor perspectives in medicine Vol. 5; no. 4; p. a020875
Main Authors:	Pereira, Daniel J, Kunin, Stephen G
Format:	Journal Article
Language:	English
Published:	United States Cold Spring Harbor Laboratory Press 01-04-2015
Subjects:	Biotechnology - legislation & jurisprudence Chemistry, Pharmaceutical - legislation & jurisprudence Guidelines as Topic Inventions - legislation & jurisprudence Patents as Topic United States United States
Online Access:	Get full text
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Summary:	This article explores the legal basis for establishing the nonobviousness of patent claims in the life sciences fields of technology drawn from the guidance provided in published decisions of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board, federal district courts, the Federal Circuit Court of Appeals, and the U.S. Supreme Court. Our analysis, although equally applicable to all disciplines and technologies, focuses primarily on decisions of greatest import affecting patents in the fields of pharmaceutical chemistry and biotechnology.
Bibliography:	ObjectType-Article-2 SourceType-Scholarly Journals-1 ObjectType-Feature-3 content type line 23 ObjectType-Review-1
ISSN:	2157-1422 2472-5412
DOI:	10.1101/cshperspect.a020875