MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 9, Issue 2 - Spring 2011

In This Issue:

1 - Obviousness of Pharmaceuticals - Patentability Over Known, Structurally Similar Compounds

1 - Post-Issuance Options: The Benefits and Risks of Reexamination and Reissue

11 - Stanford v. Roche, the Bayh-Dole Act, and the Possibility of Unintended Consequences

15 - MBHB is...

Excerpt from "Obviousness of Pharmaceuticals..."

Ethyl, methyl, butyl…futile – the running joke in grad school. Just try a different substituent until you find an active compound – or not. But while tweaking an alkyl substituent might seem “obvious” in the lab, when it comes to patent protection of small molecules, is it necessarily obvious? When examining a patent application with claims directed to novel chemical compounds, an examiner may reject those claims under 35 U.S.C. § 103 as obvious over structurally similar compounds in the prior art. Likewise, an accused infringer will often allege that the asserted claims to chemical compounds are “obvious” when challenging the validity of a patent. Successfully overcoming a charge of obviousness can be critical where the compound(s) in question are clinical candidates or are already highly successful commercial therapeutics. So how can you defeat those assertions?

Please see full newsletter below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McDonnell Boehnen Hulbert & Berghoff LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.