Posts Tagged: obviousness


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This case intrigued me from the start because it seemed rather odd that there should be a nonprecedential opinion in an appeal to the Federal Circuit necessitated …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

KSR Fears Realized: CAFC Off the Obviousness Deep End

Yesterday the United States Court of Appeals for the Federal Circuit, in a split decision with Judge Lourie writing and Judge Bryson joining, took a step forward …
By Gene Quinn 5 years ago 98

Just Common Sense: U.S. Supreme Court is Anti-Innovation

If you are anti-patent then you are anti-innovation because those who innovate are not the behemoths of industry, but rather start-up companies that absolutely require patents in …
By Gene Quinn 5 years ago 127

Apple Patents Glove for Use With Electronic Devices

Apple, the company known for such popular devices as the iPad, iPhone and the iPod, has obtained a patent on a glove. Yes, the company known for …
By Gene Quinn 5 years ago 22

A Patent Legislative Agenda, What Congress Should Do in 2011

Realistically, I understand full well that it is unlikely that Congress will bother themselves with reform efforts that are sensible, at least at the moment. It is …
By Gene Quinn 5 years ago 74

Business Methods: Concrete & Tangible Description a Must

In order to have a patentable business method it is necessary for the invention to accomplish some practical application. In other words, in order for a business …
By Gene Quinn 6 years ago 13