Fear not no knowledge of chemistry required! A recently denied petition for certiorari from a case originating in New Jersey 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 they looked alike when drawn. As long as there was a good reason for modifying the prior art and technology for making that modification, courts had found obviousness. Indeed this analysis is an outgrowth of the chemical discovery process. To chemists, similarly structured compounds are often expected to have similar properties, and minor structural changes would be obvious unless they produced unpredicted results.
Recently, however, 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. This requirement, unique to the obviousness of molecules, sets the classic analysis on its ear.
