What is the significance of “prima facie obviousness” in patent examination?
What is the significance of “prima facie obviousness” in patent examination?
“Prima facie obviousness” is a crucial concept in patent examination. It refers to a situation where the examiner has established a reasonable case that a claimed invention is obvious based on the prior art. The MPEP 2144.02 states:
“The rationale to support a conclusion that the claim would have been obvious is that ‘a person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and whether there would have been a reasonable expectation of success in doing so.'”
This means that if an examiner can show that a person with ordinary skill in the art would have had a reason to combine known elements in a way that results in the claimed invention, and would have expected success, they can establish prima facie obviousness. The burden then shifts to the applicant to provide evidence or arguments to overcome this determination.
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