What is a result-effective variable in patent law?
A result-effective variable is a parameter that is recognized in the prior art as affecting a particular result or outcome. The concept is important in patent law, particularly in obviousness determinations. According to MPEP 2144.05: “A recognition in the prior art that a property is affected by the variable is sufficient to find the variable…
Read MoreHow does the breadth of a prior art range affect obviousness determinations?
The breadth of a prior art range can significantly impact obviousness determinations in patent law. According to MPEP 2144.05: “One factor that may weigh against maintaining an obviousness rejection based on optimization of a variable disclosed in a range in the prior art is where an applicant establishes that the prior art disclosure of the…
Read MoreWhat is the “obvious to try” rationale in patent law?
The “obvious to try” rationale is a valid basis for an obviousness rejection in patent law, as clarified by the Supreme Court in KSR International Co. v. Teleflex Inc. According to MPEP 2144.05: “The Supreme Court has clarified that an ‘obvious to try’ line of reasoning may properly support an obviousness rejection. … [W]hen there…
Read More