How does common sense factor into obviousness determinations?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Common sense can be applied in obviousness determinations, but it must be supported by reasoned analysis and evidentiary support. Key points about using common sense include: It can inform the obviousness analysis if explained with sufficient reasoning A specific teaching or suggestion in a particular reference is not required Conclusory generalizations should be avoided As stated in the MPEP: “Common sense has long been recognized to inform the analysis of obviousness if explained with sufficient reasoning.” MPEP 2143 Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Common Sense Used to Inform Obviousness Analysis MPEP 2143 Conclusion of Obviousness Can Be Supported by Multiple Lines of Reasoning MPEP 2143 Permitted Prima Facie Case of Obviousness Without Lead Compound MPEP 2143 Common Sense May Inform Obviousness Analysis MPEP 2143 Permitted Common Sense May Inform Obviousness Analysis MPEP 2143 Reasoned Analysis Required for Common Sense Obviousness Rejection MPEP 2143 Example of Establishing Prima Facie Case in Nilssen MPEP 2143 Basic Requirements for Establishing Prima Facie Case of Obviousness MPEP 2143 Common Sense May Inform Obviousness Analysis MPEP 2143 Required Common Sense May Be Used Without Specific Teaching MPEP 2143 Required Other Related FAQs 5 FAQs Collapse How does the &#8216;design choice&#8217; rationale apply in obviousness rejections? What is the &#8220;obvious to try&#8221; rationale for obviousness? What are the key elements of the &#8216;obvious to try&#8217; rationale in patent obviousness? What is the &#8216;reasonable expectation of success&#8217; criterion in obviousness analysis? What are the key requirements for establishing a prim...