"The Federal Circuit’s Obviousness Test For Chemical Compounds After KSR," Bret A. Hrivnak, Esq.

In the wake of the Supreme Court’s April 30, 2007 decision in KSR International Co. v. Teleflex, Inc., the U.S. Court of Appeals for the Federal Circuit has ruled on several cases considering the obviousness, or patentability, of an invention under 35 U.S.C § 103. However, the recent decision in Takeda Chemical Industries, Ltd, et al. v. Alphapharm Pty., Ltd., et. al., offers valuable insight into the Federal Circuit’s interpretation and application of KSR in the field of chemical compounds.