In Arendi v. Apple (Fed. Cir. August 10, 2016), the Federal Circuit held that the use of common sense during examination of a patent application is permitted with at least three caveats. To the layperson, this statement may sound strange. In the law, words are defined and have different standards to determine if the facts meet the definition. Obviousness has a legal … [Read more...]
Non obviousness which is a requirement of patent laws to obtain a patent requires an invention to not be an obvious variant of any one or combination of existing products and services in the public domain.
The KSR decision could have been construed very broadly so as to make all inventions obvious. In the opinion, the Supreme Court held that rigid rules cannot override common sense when determining obviousness. In its broadest terms, the examiner could merely state that a modification was obvious based on common sense, and thus deem the claimed invention unpatentable. In … [Read more...]
Check inventions with a patent attorney before discarding it as obvious In determining patentability of a claim which defines the scope of your invention, two major hurdles must be overcome, specifically, the invention must be (1) novel (i.e., new) and (2) non-obviousness. Novelty is fairly easy to establish. Novelty exists if all of the elements of the claimed invention … [Read more...]