Low Standard for Obviousness of New Formulations of Known Drugs

Many advances in treatment rely on new formulations of know drugs. As with most drugs, pharmaceutical companies consider patent-based recoupment of development and regulatory costs required to bring new formulations to market an essential prerequisite to pursuing a new formulation. Without effective patent protection, many new formulations would not be developed. A new decision from the Federal Circuit (the nation’s main patent court) has applied the lowered standard for obviousness of inventions to invalidate the patent to a new formulation of a known drug.

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