Patenting DNA - obviousness rejections
Article Abstract:
It should be possible to patent DNA if standards of obviousness are the same as for any technology. Two arguments overcome rejections of DNA patents based on obviousness. First, claimed compounds are not obvious by any structures in the cited art. Second, characteristics or properties of the compounds are not obvious regardless of structure. Either argument can satisfy the obviousness standards of 35 USC 103.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
"Motivation" or "obvious to try" - is there a difference? Is it a proper test of obviousness?
Article Abstract:
The concept of motivation should not be used as a test of obviousness for rejection of patents under section 103 of the Patent Code. Motivation replaced the concept of 'obvious to try' which replaced the traditional concept of suggestion when analyzing patent applications for prior art. The Patent Office should revert to the traditional suggestion test because the motivation test is vague.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
Summary of some recent decisions of the Board of Appeal of the EPO regarding questions of novelty, inventive step and structural obviousness
Article Abstract:
The Board of Appeal of the European Patent Office has made recent decisions about chemical inventions and structural obviousness. Decisions about novelty, under Article 54 of the Patent Convention, were made for Washington Composition/Unilever, Copolymers/Du Pont, Xanthines/Draco and Enantiomers/Hoechst. Decisions about inventive step were made under Article 56 of the Patent Convention.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Focusing the deposition; using your goals to guide your deposition techniques. The trial of Henry Sweet; Clarence Darrow confronts the issues of the day
- Abstracts: Applying the uniform capitalization rules to oil and gas properties. Oil and gas investments: the depletion tax preference controversy
- Abstracts: Debate still rages on torts: studies clash on the 'litigation explosion's' myths and realities. part 2 Sex harassment battle heats up; Morgan Stanley uproar
- Abstracts: Are computer terminals zapping workers' health? How energy deregulation is zapping the little guy; subsidies help pay corporate America's energy bill
- Abstracts: Leaving things undecided. Dueling sovereignties: U.S. Term Limits, Inc. v. Thornton. Foreword: the justices of rules and standards