How do pre-AIA notions of obviousness apply under the AIA?

Generally, pre-AIA notions of obviousness continue to apply under the AIA, with some exceptions. The MPEP states:

“Generally speaking, and with the exceptions noted herein, pre-AIA notions of obviousness continue to apply under the AIA.“

This means that many of the established principles and case law regarding obviousness determinations remain relevant under the AIA. However, patent examiners and practitioners should be aware of the specific changes introduced by the AIA, particularly regarding the timing of the obviousness determination and the definition of prior art.

The MPEP advises:

“Office personnel should continue to follow guidance for formulating an appropriate rationale to support any conclusion of obviousness.“

For detailed guidance on obviousness determinations, refer to MPEP § 2141 et seq. and the examination guidance documents available on the USPTO website.

To learn more:

• AIA
• pre-AIA
• obviousness
• patent examination
• MPEP guidance