Posts Tagged: Obviousness Rejection


Inherency Rejections: Combating Inherent Obviousness

An inherency rejection, whether it be inherent anticipation or inherent obviousness, can be extremely difficult to overcome. Indeed, at many times it seems there is a great …
By Gene Quinn
2 months ago 2

Inquiry into Unexpectedness is Essential Even for Determining Obviousness in Inherency

The Federal Circuit reversed. Indeed, it found that the Board committed legal error by improperly relying on inherency to find obviousness and in its analysis of motivation …

Patentability: The Nonobviousness Requirement of 35 U.S.C. 103

The nonobviousness requirement is a critical element to patentability. In essence, even if the applicant can demonstrate patentable subject matter, utility and novelty, the patent will not …
By Gene Quinn
6 months ago 2

Samsung Succeeds in Reducing Damages for Infringement of Two Rembrandt Patents

Rembrandt sued Samsung for patent infringement in the Eastern District of Texas and convinced a jury that Samsung infringed its two asserted patents, awarding $15.7 million in damages. …

The quest for patent quality: European inventive step and US obviousness

In Europe and the US, patentability depends on a showing of inventiveness that is based on similar legal requirements but practice differs substantially and the resulting patent …
By Brian Cronin
12 months ago 9

Don’t settle for less: Maximizing patent protection in Canada

Another unnecessary limit that US applicants almost always impose on themselves is in the number of claims. In Canada, there are no extra claim fees. As we …
By Manuel Fortin
1 year ago 1

Federal Circuit Upholds Obviousness Rejection of Claimed Influenza Inhaler

A divided panel of the Federal Circuit affirmed the Board’s rejection of all pending claims as obvious in an appeal arising from a method for treating …

Negating Hindsight Reconstruction: A Logical Framework

It is well known that hindsight reconstruction is an insidious error that infects patent prosecution. The Federal Circuit has noted that it is a difficult task to …
By Peter Kramer
1 year ago 32

CAFC: Obviousness Analysis Must be Based on More than Common Sense

The Court recognized that “‘[c]ommon sense has long been recognized to inform the analysis of obviousness if explained with sufficient reasoning.’” However, “there are at least …

CAFC: References need not be physically combinable for obviousness rejection

Allied Erecting & Dismantling Co. v. Genesis Attachments, LLC (Fed. Cir. June 15, 2016) (Before Dyk, Wallach, and Newman, J.) (Opinion for the court, Wallach, J.). The test for obviousness …