Discussed here is "routine optimization," an approach to obviousness in cases where the gap between the prior art and patent claims appears to be one that the hypothetical person of ordinary skill in ...
May 25, 2023 - In inter partes reviews (IPRs), a petitioner may challenge the validity of issued claims as being obvious over one or more prior art references. A claim is unpatentable if it would have ...
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 ...
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 ...
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 ...
Andrew Moeser analyses the Supreme Court's recent Sanofi decision in the light of case law on obviousness in the US and UK In November 2008, the Supreme Court of Canada released its decision in Sanofi ...
“Preparing for novelty and non-obviousness arguments [with respect to solid form claims] often involves coordination among patent practitioners and inventors/scientists.” Claimed inventions in issued ...
The US Supreme Court's decision in KSR v Teleflex threatens to change the balance of power between patent owners and alleged infringers in the US. How has it been received by the USPTO and courts? In ...
“As practitioners, we can settle into patterns of what we do, and we are not always in tune with whether that’s the most effective approach. While this data is not airtight…we can still gather ...
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