Comments on: Inventive Step is an Objective Criterion?! http://blog.ipfactor.co.il/2008/02/28/inventive-step-is-an-objective-criterion/ Opinionated Intellectual Property News Blog with an Israel Slant Fri, 10 Feb 2012 12:46:49 +0000 hourly 1 http://wordpress.com/ By: Zvi http://blog.ipfactor.co.il/2008/02/28/inventive-step-is-an-objective-criterion/#comment-47458 Mon, 31 Mar 2008 09:18:00 +0000 http://ipfactor.wordpress.com/?p=346#comment-47458 An excellent article (Amy Nelson/”Obviousness or Inventive Step as Applied to Nucleic Acid
Molecules: A Global Perspective”,NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY
VOLUME 6, ISSUE 1: FALL 2004) provides a review of the approaches to inventiveness related to nucleic acids and peptides, in various countries.

for example, in US:

“One of the earliest court decisions regarding obviousness as
it applies to nucleic acid molecules in the United States related to
isolation of a human genomic DNA encoding erythropoietin
(“EPO”) (Amgen Inc. v. Chugai Pharm. Co. Ltd., 927 F.2d 1200 (Fed. Cir. 1991)) …the court
focused on the likelihood that the method of DNA isolation would
succeed.”
“In stark contrast to the Amgen decision, more recent
decisions by the Federal Circuit have focused on the structural
obviousness of the nucleic acid molecules themselves, rather than
on the obviousness of the methods for their isolation.”

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