Reexamining Negative Limitations After Novartis Patent Ruling

By Jonathan Fitzgerald and Jaime Choi (September 26, 2022, 6:02 PM EDT) -- Pharmaceutical patents often use negative limitations in their claims directed to drugs or therapies, to patentably distinguish the claims over earlier drugs or therapies. For example, a claim might use exclusionary language such as "without," "excluding" or "absent" to incorporate a negative limitation, distinguishing the claims over what was previously known....

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