INTELLECTUAL PROPERTY

Structure Has Little To Do with Structural Obviousness

A new requirement sets the classic analysis on its ear

, New Jersey Law Journal

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A recently denied petition for certiorari from a case originating in N.J. questioned the current method for determining the patentability of molecules. Obviousness had previously been found where there was a high degree of structural similarity between a new molecule and a prior art molecule. Now, courts have required a reason, apart from structure, to even select a particular molecule, a so-called "lead compound," as the starting point of the obviousness analysis.

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