Patent issues relating to hybrid drugs

Abstract

Hybrid drugs are becoming of increasing interest. The patenting of such drugs raises interesting issues with respect to meeting the requirement that to be patentable something must not be obvious. This article considers recent case law in the US on the question of what is obvious and how hybrid drugs may measure up against the new standards. It concludes that in many cases hybrid drugs will be found to be patentable.

Keywords::

• hybrid drugs
• KSR
• obviousness
• predicatability