Design patent obviousness
Design patents must be non-obvious under 35 USC 103. But, because the examiner is visually comparing different drawings, this analysis can be … Read more
obviousness
Writing patent claims
Writing patent claims is analogous to describing multidimensional jigsaw puzzle pieces using words. Your claims have to fit in the spaces between … Read more
Obviousness, hindsight, KSR
The 2007 KSR v. Teleflex Supreme Court (SCOTUS) decision is why the patent examiner, ignoring hindsight issues, just used your teaching against … Read more
Secondary considerations of nonobviousness
Is your examiner repeatedly insisting that your patent application claims are obvious? One option: “reboot” your examiner by submitting at least one … Read more
Defense against unfair citation reading
In today’s “defense against the dark arts” class, we will consider obviousness, MPEP 2143.01(V), In re Gordon, and defending against unfair citation … Read more
Foreign patent traps
Outside of the US, foreign patent offices will often use your own prior patent filings against you! Avoid this trap by planning carefully.