Bayer Schering Pharma AG v. Barr Laboratories, Inc. – New York Law School Law Review, Vol. 55, 2010.

  • May 31 2016
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  • Category: News

By Joshua Zarabi


Among the many objectives of the American patent system is the promotion of innovation, which is accomplished by providing inventors with an incentive to invent.1 A patent provides this incentive by excluding anyone other than the patent holder from using the invention, among other things, for a limited period of time.2 A patent provides pharmaceutical companies with motivation to invest considerably in research and development.3 The grant of a patent, however, is subject to several statutory requirements, including that of “non-obviousness” under 35 U.S.C. § 103.4 The purpose of the non-obviousness requirement is to prevent the issuance of a patent for something that is merely an obvious improvement on or variation of something already known.5 Should inventor B receive a patent for making a metallic…