Patent Law | Expert Legal Commentary
June 17, 2009
In re Kubin: Extending “Obvious to Try” to cDNA Sequence Patents
In re Kubin
By
Yuri Mikulka of Zuber & Taillieu LLP and Spyros J. Lazaris
The Federal Circuit court applied the “obvious to try” test from KSR International v. Teleflex Inc. to biotechnology patent applications, and essentially eviscerated the obviousness standard once applied to biotech patents by the Federal Circuit in In re Deuel. While the decision in In re Kubin, 561 F.3d 1351 (Fed. Cir. 2009), will likely make it more difficult for some biotech inventors to secure patents, it does acknowledge that advances in technology and the field of biotechnology knowledge make more inventions “obvious” in light of those advances.
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About the Author
Yuri Mikulka is a Partner of Zuber & Taillieu LLP, and chairs its litigation department.
Image Credit: ©iStockphoto.com/cdascher