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.
Structure Has Little To Do with Structural Obviousness
New Jersey Law Journal
April 11, 2013
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