What is the “obvious to try” rationale for obviousness?
The “obvious to try” rationale for obviousness can be used when:
- There is a recognized problem or need in the art
- There are a finite number of identified, predictable potential solutions to the problem
- One of ordinary skill in the art could have pursued these potential solutions with a reasonable expectation of success
As stated in the MPEP: “The rationale to support a conclusion that the claim would have been obvious is that “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely that product [was] not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show that it was obvious under § 103.”” MPEP 2143
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2143 - Examples Of Basic Requirements Of A Prima Facie Case Of Obviousness,
Patent Law,
Patent Procedure