What role does “reasonable expectation of success” play in obviousness rejections?
What role does “reasonable expectation of success” play in obviousness rejections? The concept of “reasonable expectation of success” is a crucial element in determining obviousness in patent examination. According to MPEP 2143.02: “Obviousness does not require absolute predictability, however, at least some degree of predictability is required.” This means that when an examiner combines or…
Read MoreWhat is the ‘reasonable expectation of success’ criterion in obviousness analysis?
What is the ‘reasonable expectation of success’ criterion in obviousness analysis? The ‘reasonable expectation of success’ is a crucial criterion in determining obviousness in patent examination. According to MPEP 2143, this concept is particularly important when considering whether a claimed invention would have been obvious to try. The MPEP states: “Obviousness can be established by…
Read MoreCan pre-AIA 35 U.S.C. 102(e) references be used in obviousness rejections under 35 U.S.C. 103?
Yes, pre-AIA 35 U.S.C. 102(e) references can be used in obviousness rejections under 35 U.S.C. 103. The MPEP cites Supreme Court authorization for this practice: “The Supreme Court has authorized 35 U.S.C. 103 rejections based on pre-AIA 35 U.S.C. 102(e)… Obviousness can be shown by combining other prior art with the U.S. patent reference in…
Read MoreHow does the “suggestion test” apply to design patent obviousness determinations?
The “suggestion test” is an important aspect of design patent obviousness determinations. The MPEP describes its application: “If a designer of ordinary skill would have been motivated to modify a primary reference by deleting features thereof or by interchanging with or adding features from pertinent secondary references, the claimed design would have been obvious.“ Key…
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