Abstract
Innovator pharmaceutical companies file primary patents to protect new molecular entities (NME) and secondary patents to protect NMEs in various forms. “Non-obviousness” is the most critical criterion for patentability of both. A showing of “prima facie obviousness” shifts the onus to the patentee to prove that the claimed invention is non-obvious. This paper presents a framework to analyze the non-obviousness of the claims. More particularly it explains why the enantiomers are always prima facie obvious and how to overcome the same. The utility of the framework is demonstrated by analyzing the non-obviousness of Levofloxacin and other enantiomers.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
