Posts Tagged: obviousness


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 …
3 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 …
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 …
4 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 …
4 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 …
4 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 …
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 …
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 …
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 …
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 …
5 years ago 13

There is No Prior Art for My Invention

I frequently am told by inventors that they have searched the marketplace and cannot find anything like their invention. I am also frequently told that they have …
5 years ago 6

Obviously Non-Obvious: Pay Congress from Surplus

This idea of revenue in exceeding revenue out is really not one that is in and of itself patentable though. Families and small businesses live with that …
5 years ago 46