The USPTO Speaks on Obviousness – Do Patent Practitioners Have ...

The USPTO speaks on obviousness — do patent practitioners have ...

The United States Patent and Trademark Office (USPTO) recently published updated guidance emphasizing a very flexible approach to determining obviousness.

Any legally proper conclusion of obviousness rejection will include findings of fact and a reasoned explanation showing why the claimed ...

USPTO publishes updated guidance for determining obviousness

While highlighting the requirement for a flexible approach to the obviousness determination, the updated guidance also emphasizes the need for a ...

Responding to Obviousness Rejections in Light of the USPTO's New ...

TODAY the USPTO is allowed to say ANYTHING is 'obvious' – if they want to! That's because examiners & their supervisors can't be held ...

2143-Examples of Basic Requirements of a Prima Facie Case of ...

If results would not have been predictable, Office personnel should not enter an obviousness rejection using the combination of prior art elements rationale, ...

Squire Patton Boggs on X: "NEW #IPLaw #TechLaw blog post: The ...

NEW #IPLaw #TechLaw blog post: ✍ The USPTO Speaks on Obviousness – Do Patent Practitioners Have an Answer? https://t.co/bvt6MRNZn8.

How Digital Health Companies are Impacted by the USPTO's New ...

Once they have read a patent application, understood the problem and seen the solution (as claimed), it can be natural to say “oh that is ...

AN ANALYSIS OF OBVIOUSNESS STANDARD IN PATENT LAW

Greenwood11 where the Court introduced the concept of a notional Person. Having Ordinary Skill in the Art to evaluate the patentability of an invention. The ...

Arguing Obviousness with the Patent Examiner - The IP Law Blog

The Supreme Court has held that the examiner must articulate a rational reason why a person skilled in the art would have combined the prior art ...

2145-Consideration of Applicant's Rebuttal Arguments and Evidence

Nonobviousness can be shown when a person of ordinary skill in the art would not have reasonably predicted the claimed invention based on the prior art, and the ...

IP Law Bulletin - Nutter McClennen & Fish LLP

Thus, though patent practitioners have been forced to modify their analysis in light of KSR, DePuy Spine makes clear that the patent bar can ...

Formulating and communicating 103 Rejections for business ...

The examiner bears the initial burden of factually supporting any prima facie conclusion of obviousness. If the examiner does not produce a ...

716 Affidavits or Declarations Under 37 CFR 1.132 and ... - USPTO

Objective evidence of commercial success or long felt need and failure of others may be given less weight if the record shows that the applicant or patent owner ...

Making a Proper Determination of Obviousness - Patently-O

Making a Proper Determination of Obviousness ... Earlier this week, the USPTO published updated examination guidelines regarding obviousness ...

When is an Invention Obvious? - The IP Law Blog

The examiner cannot use hindsight in determining obviousness. This means that the examiner cannot use the applicant's own patent application as ...

USPTO Publishes Updated Guidance on Obviousness

On February 27, 2024, the U.S. Patent and Trademark Office (USPTO) published updated guidance in the Federal Register regarding making a ...

2158-AIA 35 U.S.C. 103 - USPTO

... need for any difference in approach to the question of obviousness. As pointed out by the Federal Circuit, “[t]he term 'claims' has been used in patent ...

The USPTO Updates Obviousness Guidance - Ice Miller

While the updated USPTO guidance on obviousness aims to clarify and enhance the patent examination process, it arguably increases the burden on ...

Patent Office Issues New Guidance on the Law of Obviousness

The United States Patent and Trademark Office (USPTO) recently published new guidance explaining the requirements for patent examiners to reject patent claims ...

More than “Just the Facts”: Exploiting Legal Arguments to Your ...

Arguing for or against obviousness often necessitates speculation on the motivation or lack of motivation of prior art inventions. As a result, an examiner can ...