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Content provided by Adam Diament, Adam L. Diament, J.D., and Ph.D.: Registered Patent Attorney. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Adam Diament, Adam L. Diament, J.D., and Ph.D.: Registered Patent Attorney or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.
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What is Obviousness? A "Reasonable Expectation of Success," or "Predictable Results"? EP150

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Manage episode 467485369 series 2390290
Content provided by Adam Diament, Adam L. Diament, J.D., and Ph.D.: Registered Patent Attorney. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Adam Diament, Adam L. Diament, J.D., and Ph.D.: Registered Patent Attorney or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.

You cannot get a patent if your invention is obvious. This can be tricky to determine for biotech and pharmaceutical patents. There are competing standards for how this is determined. One is the "reasonable expectation of success" standard, which is a lower threshold than the "predictable results" standard. The Supreme Court refused to hear a case that would have settled this, so we're left with the Federal Circuit's ruling in the case of Vanda Pharmaceuticals vs. Teva Pharmaceuticals. Listen to this episode to learn how these tests can give different results for patentability and what it means for the future biotech and drug patents!

  continue reading

162 episodes

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iconShare
 
Manage episode 467485369 series 2390290
Content provided by Adam Diament, Adam L. Diament, J.D., and Ph.D.: Registered Patent Attorney. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Adam Diament, Adam L. Diament, J.D., and Ph.D.: Registered Patent Attorney or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.

You cannot get a patent if your invention is obvious. This can be tricky to determine for biotech and pharmaceutical patents. There are competing standards for how this is determined. One is the "reasonable expectation of success" standard, which is a lower threshold than the "predictable results" standard. The Supreme Court refused to hear a case that would have settled this, so we're left with the Federal Circuit's ruling in the case of Vanda Pharmaceuticals vs. Teva Pharmaceuticals. Listen to this episode to learn how these tests can give different results for patentability and what it means for the future biotech and drug patents!

  continue reading

162 episodes

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