The Business of Patents
Obviousness rejections are among the most, if not the most, frustrating rejections a patent applicant can face. The examiner typically assembles two or three old patents or published patent applications as prior art references, announces that a person of ordinary skill in the art (a “POSITA”) would have combined them, and then supplies a reason […]
Read more →Today, we want to discuss something you can do in your patent applications to drastically increase your chances of getting them granted as patents. In order to get a patent, an invention has to be novel, and it has to be non-obvious. An invention is “novel” when no single piece of prior art discloses all […]
Read more →In KSR v. Teleflex, the Supreme Court described numerous reasons for combining or modifying prior art references in an obviousness analysis. The Court also made clear that these reasons need not be explicitly set forth in the prior art references themselves. In particular, the Court stated that “As our precedents make clear, however, the [obviousness] […]
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