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The road more traveled--common pitfalls on the way to a patent
Sean Tu1, Bruce Wu, Steve Maebius
1Department of Chemical, Biotechnology & Pharmaceutical, Foley & Lardner LLP, K Street N.W., Washington DC, USA.
Abstract:
Drug delivery and diagnostic imaging patents represent an important subset of patents in the field of nananomedicine. In this article we review the most common rejections issued by the U.S. Patent and Trademark Office relating to these technologies. In particular, we found that the most common rejections are anticipation, obviousness and enablement. We also review the most common strategies used to overcome these rejections, which relate to "teaching away" arguments or claim amendment.
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