Tuesday at the U.S. Supreme Court, the justices heard arguments concerning a basic tenet of patent law. In addition to being new, any invention for patent must be deemed “nonobvious” over what is ...

The USPTO obviousness guidelines are written for USPTO personnel but combined with the Manual of Patent Examining Procedure (MPEP), they provide guidance to practitioners as well. While purporting to ...

March 29, 2024 - The U.S. Patent and Trademark Office (USPTO) recently published an Updated Guidance for Making a Proper Determination of Obviousness. 89 Fed. Reg. 14,449 (Feb. 27, 2024). The updated ...

“Refusing to compensate these inventors with a temporary monopoly power when they have satisfied a novelty standard jades their spirits and throws our system of innovation out of balance.” Recovering ...

“The overall point to keep in mind is that there should be some reasoned basis in evidence for whatever is being alleged under the new guidance.” The purpose of this article is to propose a few ...

WASHINGTON--U.S. Supreme Court justices on Tuesday appeared to take issue with the current legal standard for granting patents, which many high-tech firms claim is ineffective at weeding out ...

This article was originally published on May 16, 2023 in IPWatchdog. It is republished here with permission. Just like utility patents, design patents can be found obvious under 35 U.S.C. § 103 by ...

Despite the landmark KSR ruling on obviousness a decade ago, it is still possible to argue inability to combine two references in patent prosecution Charles Bieneman of Bejin Bieneman describes ...

In patent litigation, the obviousness inquiry often turns on what a hypothetical skilled artisan could reasonably have combined at the time of ...

An en banc panel of the Federal Circuit will soon decide whether to amend its long-standing framework for assessing design patent obviousness, known as the 'Rosen-Durling' test. The forthcoming ...

In May, the Federal Circuit issued its decision in 'LKQ v. GM Global Technology Operations', which marks a significant shift away from the prior and more rigid 'Rosen-Durling test', toward a more ...

The judgment in Aktiebolaget Hassle v Alphapharm gives valuable guidance about the ‘obvious to try’ doctrine to the owners of Australian patents. Barry Eagar argues that the judges stressed the ...