KSR Int’l Co. v. Teleflex, Inc.: No Obvious Changes for the Biotechnology Market

"Obvious to try": a proper patentability standard in the pharmaceutical arts?

Pharmaceutical research often entails making small modifications to candidate drug molecules—modifications that might be deemed “obvious to try”—and then studying the largely unpredictable, yet critical, resulting biological effects. Recognizing this characteristic unpredictability, the U.S. Court of Appeals for the Federal Circuit has traditionally upheld the patentability of obvious-to-try ph...

Do the Evolution the Effect of Ksr v. Teleflex on Biotechnology

Not All Patents Are Created Equal: Bias against Predictable Arts Patents in the Post-ksr Landscape

Investment in intellectual property is considered a shrewd business strategy. However, companies that invest heavily in patenting the results of research and development may later be surprised by their inability to generate revenue from their patent portfolios. This is because those seeking to enforce patents in the predictable arts may find themselves stymied by recent developments in patent j...

A New Formula for Analyzing Formulation-patent Obviousness

The generic drug industry, which is estimated to save American consumers $10 billion a year,1 owes much of its current market success to Congress’s enactment of the Hatch-Waxman Act in 1984.2 The Hatch-Waxman Act sought to achieve a delicate balance, one where Americans could obtain unprecedented access to low-cost prescription medicine without somehow undermining the incentive of brand name dr...

PATENTLY NON-OBVIOUS II: EXPERIMENTAL STUDY ON THE HINDSIGHT ISSUE BEFORE THE SUPREME COURT IN KSR v. TELEFLEX

For the first time in thirty years, the Supreme Court will consider the core patent requirement that an invention be non-obvious. At the heart of the case lies the challenge of how to insulate non-obvious decisions from the distortion of the hindsight bias. This Article reports the latest empirical studies in a line of hindsight research, which present experimental data bearing directly on the ...