How are inherent properties considered in patent examinations?
Inherent properties play a significant role in patent examinations and can be crucial in establishing non-obviousness. MPEP 716.02(f) cites the case of In re Zenitz, which states that “evidence that claimed compound minimized side effects of hypotensive activity must be considered because this undisclosed property would inherently flow from disclosed use as tranquilizer.” This means…
Read MoreHow does long-felt need impact patent examinations?
Long-felt need can be a powerful factor in patent examinations, particularly when addressing obviousness rejections. MPEP 716.04 explains: Establishing long-felt need requires objective evidence that an art recognized problem existed in the art for a long period of time without solution. To effectively demonstrate long-felt need: Show the need was persistent and recognized by those…
Read MoreHow does the ‘totality of the record’ principle apply to patent examinations?
The ‘totality of the record’ principle is a fundamental concept in patent examinations, particularly when assessing non-obviousness. MPEP 716.02(f) states: “The totality of the record must be considered when determining whether a claimed invention would have been obvious to one of ordinary skill in the art at the time the invention was made.” This principle…
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