This Comment explores the manner in which the Patent and Trademark Office applies the patentable utility requirement to pharmaceutical inventions and illustrates the difficulties biotechnology companies face in attempting to fulfill this requirement . After exploring potential explanations for and alternative to the requirement, this Comment will conclude that, as currently applied, the utility requirement is inconsistent with our patent law and contrary to the policy objectives underlying our patent system.
Timothy R. Howe,
Patentability of Pioneering Pharmaceuticals: What's the Use?,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol32/iss3/5