Meanwhile on the Other Side of the Pond: Why Biopharmaceutical Inventions that Were “Obvious to Try” Still Might Be Non-Obvious – Part I
Following the seminal US Supreme Court decision in KSR v. Teleflex, the law of (non)-obviousness has once more become a major topic in US patent law. Of crucial importance to the biopharmaceutical industry is in particular the following question: Under what circumstances should an invention that was "obvious to try" be considered to be obvious in fact under current US patent law? In that regard, a
