Patent Update: Patentable Invention or Mere Optimization

March
,
2019

Chemical engineers often adjust process parameters to improve the conversion, yield, or product purity of a chemical reaction. But, when is improvement to a known reaction enough to qualify for a patent? The recent decision in E. I. DuPont de Nemours & Co. and Archer Daniels Midland Co. (ADM) v. Synvina C.V. answers this question.

Author Bios: 

M. Henry Heines

M. Henry Heines, PhD, JD, (Email: mhheines@comcast.net; Website: http://henryheines.com) is a patent attorney and an author, speaker, and consultant on patent-related topics for lawyers, as well as for scientists, engineers, and managers in technology companies, and has served as an expert witness in patent litigation. He began his career as a research engineer in the chemicals industry and worked in corporate patent practice before entering private practice, including 25 years as a partner in the firm now...Read more

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