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Amarin Corporation plc Message Board

  • rtjjjjjkklgf rtjjjjjkklgf Mar 1, 2013 1:45 PM Flag

    NCE decision obviousness

    I read on a legal blog about 6 weeks ago (sorry I do not have the citation) that the FDA had convened a panel of experts to try to update the NCE decision process..This panel is independent of the CDER. The USPTO has had to amend its criteria for "novelty" because scientific progress has made it more and more difficult to find ideas that do not have prior art. To get around the "prior art" condition the PTA allows novelty for ideas emanating from prior art if the original inventors did not discover or note the effect or creation, and that the new invention is significant and not obvious..

    If it were obvious then the discoverer would have patented in my words it was not obvious...

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