"Structural" verses "Combination" Obviousness in the U.S.

"The entire body of Supreme Court obviousness law interpreting 35 USC § 103(a) of the 1952 Patent Act has been focused upon the obviousness of a combination of old elements: There has never been a modern obviousness case focusing upon whether a unique compound, per se, is or is not obvious," writes Professor Wegner. "KSR and Pfizer v. Apotex manifest fundamental misunderstandings of chemical practice case law."

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