How 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 requires patent examiners to consider all evidence and arguments presented, including those that may not be explicitly disclosed in the original specification. The Federal Circuit in In re Chu emphasized this approach, noting that “obviousness is determined by the totality of the record including, in some instances most significantly, the evidence and arguments proffered during the give-and-take of ex parte patent prosecution.” This comprehensive evaluation ensures a fair and thorough examination of the claimed invention’s patentability.
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