Updated Look Is Obvious
During examination of a patent application, the examiner and patent applicant may disagree on various issues such as claim interpretation, patentable subject matter, written description, novelty, obviousness, etc. After the examiner has rejected the patent application twice, the patent applicant may appeal the matter to the Board of Patent Appeals and Interferences (“BPAI”). The following [...]
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What Types of Inventions are Obvious?
Inventors frequently ask whether the Patent Office will grant them a patent on their invention. The general answer is that the Patent Office will grant a patent on inventions that are novel (i.e., new) and non-obvious in light of technology existing at the time the patent application was filed. The government does not have an [...]
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Supreme Court Broadens Obviousness
Justice Kennedy writing for a unanimous Supreme Court, directed the Federal Circuit to broaden the test of obviousness under 35 U.S.C. § 103 back to its original framework as set out in Graham v. John Deere, Co. of Kansas City, 383 U.S. 1 (1966); Hotchkiss v. Greenwood, 11 HOW. 248 (1851); and its progeny. Before [...]
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