This lecture provides an overview of obviousness as it relates to pharmaceuticals and commercial drug formulations. Additionally, patent strategies relating to “second generation” filings, which are directed toward discoveries involving previously-known pharmaceuticals, such as pharmaceutical formulations, dosing strategies, and combination therapies will be discussed. Relevant case law related to second generation filings will be reviewed to provide important insight into effective patent specification and claim drafting strategies for such discoveries. This presentation will be useful to those with all levels of experience in pharmaceutical patent law.

Obviousness, the CAFC, and second generation filing strategies

256th National Meeting (2018)

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