Home -> Law Blog Directory -> Patent Law Blogs -> Patent Docs

Patent Law

: Patent Docs

In re Kubin to Be Argued before the Federal Circuit on Thursday

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- 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...

Full post as published by Patent Docs on January 08, 2009 (boomark / email).