Is conclusive proof of efficacy required to show a reasonable expectation of success?
No, conclusive proof of efficacy is not required to show a reasonable expectation of success in patent law. The MPEP 2143.02 cites several court decisions that support this principle: “Conclusive proof of efficacy is not required to show a reasonable expectation of success. OSI Pharm., LLC v. Apotex Inc., 939 F.3d 1375, 1385, 2019 USPQ2d…
Read MoreIs absolute predictability required for a reasonable expectation of success?
No, absolute predictability is not required for a reasonable expectation of success in patent law. The MPEP 2143.02 states: “Obviousness does not require absolute predictability, but at least some degree of predictability is required.” This means that while complete certainty is not necessary, there should be a reasonable level of predictability that the proposed combination…
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