Thursday, January 08, 2009

Patent Docs post on Kubin, for which oral argument is Jan. 8

Patent Docs has a lengthy post on Kubin, being argued today (Jan. 8) at the CAFC.

The beginning of the post-->

The Federal Circuit will hear oral argument on Thursday for In re Kubin, a case having great significance for biotechnology patenting. At issue is the question of whether the existence in the prior art of a purified protein, combined with "routine" cloning methods, renders obvious a claim to a nucleic acid encoding the protein. This was the Patent Office position twelve years ago, which was rejected by the Federal Circuit in the In re Bell and In re Deuel decisions. But the Supreme Court's KSR Int'l Co. v. Teleflex Inc. decision emboldened the Patent Office to challenge the Federal Circuit on this issue. As a bonus, the Court will also be asked to opine on how the Office has interpreted its frequently-conflicting written description jurisprudence.

See also:

See also on Patent Docs: Kubin Panel Questions Motivation behind Reversal in New Written Description Training Materials


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