Posts Tagged: obviousness


Is Soverain Software v. Newegg Supreme Court Bound?

Earlier today the United States Court of Appeals for the Federal Circuit issued it latest decision in Soverain Software LLC v. Newegg, Inc. (Fed. Cir., September 4, 2013). This …
By Gene Quinn
3 years ago 5

Patent Prosecution: 35 U.S.C. § 112(a) Must Be Raised Before a § 102 or § 103

Logically, if the application does not describe an invention in terms that allows one skilled in the art to make and use it, then the Patent Office …
By Dale B. Halling
3 years ago 20

CAFC 2012 on the Obviousness of Chemical Innovations, Part II

In contrast to the Federal Circuit’s 2012 decisions in the context of pharmaceutical litigation, its decisions with respect to appeals from the Board were much less favorable …

Predicting Patentability in the Unpredictable Arts: A Look Back at the Federal Circuit’s 2012 Decisions on the Obviousness of Chemical Innovations

A few trends were readily apparent in 2012. First, pharmaceutical patent holders in litigation fared well – in a series of cases, the Federal Circuit rejected obviousness attacks in …

Obviousness When All Elements Not Present in Prior Art?

The Tokai and Ritchie rationale seems to have never been cited by any other panels of the Court. While this may be due to many reasons, the …
By Gene Quinn
4 years ago 3

How Much Deference Should the CAFC Give the USPTO?

A factual determination of the Board is to be upheld if there is substantial evidence to support it, In re Gartside, 203 F.3d 1305, 1315 (Fed. Cir. 2000), and a …
By Gene Quinn
4 years ago 7

Petition for Rehearing en banc filed in Plasmart v. Kappos

This case intrigued me from the start because it seemed rather odd that there should be a nonprecedential opinion in an appeal to the Federal Circuit necessitated …
By Gene Quinn
4 years ago 2

Understanding Obviousness: John Deere and the Basics

When approaching an obviousness determination it is essential to understand what makes the invention unique. It is also necessary to start to envision the arguments that can …
By Gene Quinn
4 years ago 8

Patentability Overview: Obviousness and Adequate Description

In a nutshell, an invention would be obvious when someone knowledgable about the area would look at your invention and consider it to be already known; not …
By Gene Quinn
4 years ago 11

5th Anniversary KSR: Is Section 103 Unconstitutional?

This is a good time to review the implications of this case, but an even better time to look into the origins and constitutionality of the Non-obviousness …
By Dale B. Halling
4 years ago 126

KSR the 5th Anniversary: One Supremely Obvious Mess

On Monday, April 30, 2007, the United States Supreme Court issued its final decision in the matter of KSR v. Teleflex, which overruled the Federal Circuit's application of the …
By Gene Quinn
4 years ago 9

The Law of Recipes: Are Recipes Patentable?

In most cases the typical recipe for a "killer Margarita" or "the best barbeque sauce ever" will not be patentable, but the only way to know for …
By Gene Quinn
5 years ago 16

Chief Judge Rader Says KSR Didn’t Change Anything, I Disagree

Upon hearing Rader make such a bold statement the first thought that ran through my mind was — Really? Did he just say that? I have heard from …
By Gene Quinn
5 years ago 60

USPTO to Hold California Independent Inventors Conference

If you are a serious inventor you need to go to this Conference. Last year there were inventors who came to the USPTO campus for the two-day …
By Gene Quinn
5 years ago 1

The Constitutional Underpinnings of Patent Law

The United States Constitution grants to the Congress the power to grant patents; this power residing in the Congress is found in Article I, Section 8, Clause 8. Unlike …
By Gene Quinn
5 years ago 8