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View Diary: Another sign of what is wrong in public education (45 comments)

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  •  I'm sure a patent examiner (0+ / 0-)

    would say it's obviously simple for the submitting drug company to effectively do along with paying say an FDA approval issue fee. The drug company could be required to give a list of the relevant Kirchoff patent numbers to either the Patent Office or FDA.

    It's "not much" of a problem to do if I may paraphrase you.

    The problem could also be dealt in a court with proof of FDA approval, an official FDA certified copy of the description of the plaintiff's FDA approved molecule(s), and a motion by the defendent's lawyer to dismiss the patent infringement case.

    The plaintiff would have supplied the court with all the relevant Kirchoff patents and a description of the defendent's molecule, which would legally be required to be different from the plaintiff's approved molecule(s).

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