What is the significance of ‘strong case of obviousness’ in patent examination?

The concept of a ‘strong case of obviousness’ is significant in patent examination as it can potentially outweigh evidence of secondary considerations. According to MPEP 716.01(d):

‘Where the evidence is insufficient to overcome the rejection, the examiner should maintain the rejection under 35 U.S.C. 103 and make it clear that the totality of the evidence still shows that the claimed invention would have been obvious at the time the invention was made.’

This means that:

• A strong prima facie case of obviousness can be difficult to overcome.
• Even if there is evidence of secondary considerations, it may not be enough if the obviousness case is particularly strong.
• Examiners must consider all evidence but can still reject a claim if the totality of evidence supports obviousness.

To learn more:

• obviousness
• patent examination
• evidence weighing
• 35 U.S.C. 103

To learn more:

• 35 U.S.C. 103