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After they are administered, many drugs are converted into other chemical compounds as the drugs are processed within the body of the patient. An optimal patent strategy would require an inventor to patent both the pre-ingested form of the drug and its new physical forms or metabolites, as formed in the body. Two recent Federal Circuit decisions will make it much harder for holders of "metabolite patents" to enforce them against accused infringers.
September 30, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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