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en if an antiviral patent survives litigation, it is not immune to further challenges. For example, if a viral epidemic occurs, the patent directed to the antiviral may be seized by the federal government under eminent domain power. Tamiflu is the brand name of oseltamivir phosphate, which is not a bird flu vaccine but rather the most efficient antiviral treatment against the H5N1 and human Adidas Superstar Khaki Junior
broad antiviral claims. The KSR decision has already affected the patentability of antivirals by applying a 'common sense' approach to obviousness. .
And 28 USC allows the federal government to seize a patent and is subject to reasonable compensation to be paid to the patent owner16. Not surprisingly, the possibility of seizure of the Tamiflu patent has caused controversy. The pharmaceutical industry fears that Adidas Superstar Womens Grey
such a compulsory license would remove incentives towards research and innovation. Conversely, there may not be enough Tamiflu for emergency needs if Roche remains the sole manufacturer. In view of Roche's willingness to sublicense, it seems unlikely that the government will not issue a compulsory license for Tamiflu.
virus strains. According to Roche, the exclusive manufacturer of Tamiflu, making Tamiflu is a time consuming and complicated process that requires scarce raw materials, such as shikimic acid, which is extracted from star anise. Because of the difficulty in manufacturing Tamiflu, there have been pressures on Roche to allow the manufacture of generic oseltamivir. Roche has agreed to potentially sublicense to countries and companies interested in producing generic oseltamivir, but only if the countries and companies can realistically produce sufficient amounts for emergency pandemic use.
14ConclusionsThe standard for obtaining an antiviral patent has been raised due, in part, to more stringent requirements set Mens Adidas Superstar Trainers forth by the US Patent and Trademark Office. Even though working examples are not necessary to satisfy the enablement requirement per se17, a lack of examples will likely bar an applicant from obtaining Adidas Superstar Grey And White