What are the key elements of the ‘obvious to try’ rationale in patent obviousness?
What are the key elements of the ‘obvious to try’ rationale in patent obviousness? The ‘obvious to try’ rationale is one of the exemplary rationales used to support a conclusion of obviousness in patent examination. According to MPEP 2143, the key elements of this rationale are: A finding that there had been a finite number…
Read MoreWhat 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…
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