For posts questioning whether any skilled practitioner would find the idea obvious in light of the prior art.
Questions tagged [non-obviousness]
56 questions
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What questions does an examiner ask when determining if an application is non obvious?
As I understand it: there is no 'bright line' to demarcate the boundary. USPTO instructs examiners:
A patent for a claimed invention may not be obtained, notwithstanding
that the claimed invention is not identically disclosed as set forth
in…
gatorback
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How is non-obviousness determined?
I am referring to this case https://bannerwitcoff.com/wp-content/uploads/2021/04/Jump-Rope-Maker-Gets-PTAB-To-Nix-Rivals-Handle-Patents-Law360.pdf
If a patent can be invalidated because Non-Obvious can be flipped to Obvious, then it is clear that…
Bear Bile Farming is Torture
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Claimed Invention "As a Whole"
QUESTIONS
What is the nuanced meaning of "CLAIMED INVENTION AS A WHOLE"?
Put another way: Why not just write CLAIMED INVENTION?
What is the alternative, "claimed as a ???"?
USPTO PASSAGE
A patent for a claimed invention may not be obtained,…
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Question about the Non-obviousness Requirement of 35 U.S.C
The non-obviousness requirement of 35 U.S.C. 103 states that a patent may not be obtained if it contains only obvious differences from prior art.
Consider the following:
A is known prior art.
B is known prior art.
An inventor has an…
weaver
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What are some obvious and non-obvious arguments for the Handy Pan?
This product appeared in an episode of Shark Tank.
Seems pretty obvious to me. Strainers exist. Pans exists. Bowls with strainers exist.
Bear Bile Farming is Torture
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Using usefulness to prove non-obviousness
Is that possible? Or must usefulness and non-obvious be completely independent arguments?
For example, if an invention was never invented because everybody thought it would be a useless invention, would it be non-obvious if someone invented it and…
Bear Bile Farming is Torture
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