When is copying not persuasive of nonobviousness in patent cases?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. According to MPEP 716.06 , there are situations where alleged copying is not persuasive of nonobviousness: When the copy is not identical to the claimed product When the other manufacturer had not expended great effort to develop its own solution ( Pentec, Inc. v. Graphic Controls Corp. ) When the basic concepts were developed prior to learning of the competitor’s device ( Vandenberg v. Dairy Equipment Co. ) The MPEP states: “Alleged copying is not persuasive of nonobviousness when the copy is not identical to the claimed product, and the other manufacturer had not expended great effort to develop its own solution.” This highlights the importance of considering the degree of similarity and the effort involved in the alleged copying. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Copying Is Not Persuasive of Nonobviousness When Identical MPEP 716.06 Copying Not Persuasive of Nonobviousness Without Identical Product MPEP 716.06 Copying Persuasive of Nonobviousness When Failed to Invent MPEP 716.06 Copy Not Persuasive of Nonobviousness Without Other Evidence MPEP 716.06 Permitted Declaration Can Replace Affidavit in Patent Applications MPEP 716 Evidence of Access to Competitor’s Non-Public Info May Show Copying MPEP 716.06 Permitted Evidence of Copying Persuades Nonobviousness MPEP 716.06 Oath or Declaration Required for Traversing Rejections MPEP 716 Required Primary Examiner Must Review Evidence to Overcome Rejection MPEP 716 Publications May Serve as Evidence for Facts at Issue MPEP 716 Recommended Other Related FAQs 5 FAQs Collapse What is the significance of copying in patent law? How does access to confidential information affect copying claims in patent dis...