What is the difference between scientific theory and common sense in patent obviousness?
What is the difference between scientific theory and common sense in patent obviousness? In patent examination, both scientific theory and common sense can be used to support obviousness rejections, but they are distinct concepts with different applications. The MPEP 2144.02 discusses reliance on scientific theory, while common sense is addressed in other sections of the…
Read MoreHow does common sense factor into obviousness determinations?
Common sense can be applied in obviousness determinations, but it must be supported by reasoned analysis and evidentiary support. Key points about using common sense include: It can inform the obviousness analysis if explained with sufficient reasoning A specific teaching or suggestion in a particular reference is not required Conclusory generalizations should be avoided As…
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