[DOWNLOAD] "Deuterated Drugs: Unexpectedly Nonobvious?" by Kristen C. Buteau * Book PDF Kindle ePub Free

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eBook details

• Title: Deuterated Drugs: Unexpectedly Nonobvious?
• Author : Kristen C. Buteau
• Release Date : January 01, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 196 KB

Description

I. Introduction The pharmaceutical industry depends heavily on the market exclusivity afforded by patent protection to recoup research and development costs associated with FDA-approval of new drugs. (1) Of particular importance to the validity of pharmaceutical patents is the obviousness requirement codified in 35 U.S.C. [section] 103. (2) Although nonobviousness is a requirement of all issued patents, pharmaceutical patents are especially susceptible to an obviousness challenge because the natural progression of science necessarily builds upon past discoveries and requires considerable experimentation through trial and error, thereby potentially rendering the invention obvious-to-try. (3) The Federal Circuit (and its predecessor, the Court of Customs and Patent Appeals, or "CCPA") has therefore tailored the obviousness requirement to the unique challenges inherent in the chemical arts by outlining ways in which an applicant may overcome an obviousness challenge. (4)

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