PUBPAT, AARP AND PATIENTS NOT PATENTS ASK SUPREME COURT TO PROTECT OBVIOUS COMBINATIONS FROM PATENTS
NEW YORK -- August 22, 2006 -- The Public Patent Foundation ("PUBPAT") joined AARP and Patients Not Patents today in asking the United States Supreme Court to protect obvious combinations from being patented. The not-for-profit public interest organizations submited an amicus brief filed in a case currently pending before the Court, KSR v. Teleflex, that involves the rule that is supposed to prevent obvious combinations of known technologies from being patented. More specifically, the brief argues that the improper granting of patents to obvious combination drugs has the extremely harmful effect of delaying the availability of generic drugs to consumers.
"In this case, the Supreme Court is being asked to rein in the impermissible judicial activism of the lower court that has eliminated obviousness as a bar to patentability, despite the undeniable establishment of the non-obviousness requirement in both the Patent Act itself and binding Supreme Court precedent," said PUBPAT Executive Director, Dan Ravicher. "Preventing obvious combinations of well known technologies from being patented is necessary to preserve the public's interests, because without such a bar to patentability brand name drug makers could unduly extend their monopolistic control over the drugs they distribute long past the expiration of any legitimate patent to the drug itself."
A copy of PUBPAT's brief can be found at PUBPAT in the Supreme Court.