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The all elements rule or all limitations rule (often written with a hyphen after "all") is a legal test used in US patent law to determine whether a given reference shows that a patent claim [1] lacks the novelty required to be valid. The rule is also applicable to an obviousness analysis. [2]
In order to reduce the impact of non-obviousness on patentability, to eliminate the flash of genius test, and to provide a more fair and practical way to determine whether the invention disclosure deserves a patent monopoly, the Congress took the matter in its own hands and enacted the Patent Act of 1952 35 U.S.C. Section § 103 reads:
In the article The KSR Standard for Obviousness: A Pendulum Shift to 20/20 Hindsight, [17] attorneys Michael O. Warnecke, Esq., and Brandy R. McMillion, Esq. discuss how the 2007 Supreme Court decision creates the need for full knowledge and complete understanding about the obviousness of a new technology before the 2007 ruling (20/20 Hindsight).
The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product design and development", to achieve a proper balance between the incentive provided by the patent system, namely encouraging innovation, and its social cost, namely conferring temporary monopolies. [4]
In patent law, the Cripps question is: "Was it for all practical purpose obvious to any skilled chemist in the state of chemical knowledge existing at the date of the patent which consists of the chemical literature available (a selection of which appears in the Particulars of Objections) and his general chemical knowledge, that he could manufacture valuable therapeutic agents by making the ...
In October 2005, the United States Patent and Trademark Office (USPTO) issued interim guidelines [32] for patent examiners to determine if a given claimed invention meets the statutory requirements of being a useful process, manufacture, composition of matter or machine (35 U.S.C. § 101). These guidelines assert that a process, including a ...
The test was eventually rejected by Congress in its 1952 revision of the patent statute, now codified in Title 35 of the United States Code.Section 103 was amended to state the new standard of non-obviousness: "Patentability shall not be negated by the manner in which the invention was made."
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