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According to the Court, an essential requirement for validity of a patent is that the "subject matter display invention, more ingenuity than the work of a mechanic skilled in the art".
Graham v. John Deere Co., 383 U.S. 1 (1966), was a case in which the United States Supreme Court clarified the nonobviousness requirement in United States patent law, [1] set forth 14 years earlier in Patent Act of 1952 and codified as 35 U.S.C. § 103.
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.
On April 30, 2007, the Supreme Court unanimously reversed the judgment of the Federal Circuit, holding that the disputed claim 4 of the patent was obvious under the requirements of 35 U.S.C. §103, and that in "rejecting the District Court’s rulings, the Court of Appeals analyzed the issue in a narrow, rigid manner inconsistent with §103 and our precedents," referring to the Federal Circuit ...
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]
The second rejection type precludes what is referred to as "obviousness-type" or "nonstatutory" double patenting. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy and primarily is intended to prevent prolonging the patent term by prohibiting claims in a second patent that are ...
The requirement of avoiding analytic dissection is found in the statute, but only for section 103 (governing obviousness or inventive step) and not for section 101 (governing patent-eligibility). Despite this difference in emphasis, however, Diehr can be harmonized with Flook and Benson , and the Diehr Court studiously avoided stating that ...