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35 U.S.C. § 103 describes the condition of patentability referred to as non-obviousness. This provides that a patentable invention must not have been obvious to a "person having ordinary skill in the art" (PHOSITA) in view of the appropriate prior art. The most important judicial decision in interpreting 35 USC 103 is Graham v. John Deere Co.
Examiner properly relied upon prior art publication in rejecting claims for production of [certain antibodies] ... under [35 U.S.C. § 103], even though publication itself is not prior art against present claims, since publication establishes level of ordinary skill in art at and around time of present invention. [9]
Although the Court confirmed that non-obviousness is a question of law, it held that §103 required a determination of the following questions of fact to resolve the issue of obviousness: Scope and content of the prior art; Differences between the claimed invention and the prior art; Level of ordinary skill in the art
The current version of the MPEP is the 9th Edition, which was released in March 2014. The MPEP has traditionally been available in paper form, but electronic versions are now used more often, particularly because an applicant only may consult the electronic versions while taking the USPTO registration examination, or the patent bar examination ...
An inter partes review is used to challenge the patentability of one or more claims in a U.S. patent only on a ground that could be raised under 35 U.S.C. §§ 102 or 103 (non-obviousness), and only on the basis of prior art consisting of patents or printed publications. [3]
Here’s how to get rid of chest congestion medically and naturally, according to experts.
LOS ANGELES (AP) — Oregon and Ohio State are two of the most daunting teams left in the College Football Playoff in no small part because they've both got starting quarterbacks who had already ...
Amazon has released its list of the top 100 best Cyber Monday deals, including the Amazon Kindle, KitchenAid Mixer, Ring Doorbell and more.