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Re: finance1229 post# 7911

Tuesday, 06/04/2013 8:08:35 PM

Tuesday, June 04, 2013 8:08:35 PM

Post# of 429367
I don't see an easy/any way around Amarin's Patent, there's no inventive step to claim. I'm not a lawyer though.

The inventive step and non-obviousness reflect a same general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive — i.e., non-obvious — in order to be patented.[1] In other words, "[the] nonobviousness principle asks whether the invention is an adequate distance beyond or above the state of the art."[2]

The expression "inventive step" is predominantly used in Europe, while the expression "non-obviousness" is predominantly used in United States patent law.[1] Although the basic principle is roughly the same, the assessment of the inventive step and non-obviousness varies from one country to another. For instance, the practice of the European Patent Office (EPO) differs from the practice in the United Kingdom.