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An obviousness inquiry should be undertaken on a claim-by-claim basis. If an independent claim is not obvious, then dependent claims therefrom cannot be obvious. But, if an independent claim is held to be obvious, then the Court must go to consider each dependent claim.
- Person Skilled in The Art
See also D. Vaver, Intellectual Property Law (1997), at p....
- Common General Knowledge
For claim construction, it is the date of publication (in...
- Claims Reciting Alternatives
GD Searle & Co v Novopharm Ltd, 2007 FC 81, rev’d 2007 FCA...
- Person Skilled in The Art
Obviousness-type double patenting, also known as nonstatutory double patenting, can be triggered when two patents or applications share patentably-indistinct claims and are commonly-owned, share at least one common inventor or are subject to a joint research agreement (JRA).
Apr 2, 2007 · Under 35 U.S.C. § 103, a patent claim is obvious when the differences between the claimed invention and the prior art "are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art."
Feb 1, 2014 · In order to determine whether an invention is obvious one must work through this analytical framework: (1) Determine the scope and content of the prior art; (2) Ascertain the differences between...
Jul 26, 2023 · Obviousness is a crucial aspect of patent law that refers to the level of inventiveness of a patented invention. In simple terms, it means that if your invention is too obvious - if someone with an average level of skill in the relevant field would find it easy to come up with - then it's not deserving of a patent.
An invention is declared as obvious if the differences between the claims and the prior art (s) are apparent to a person with ordinary skill at the time of filing of the patent application. In short, if an invention is obvious to an average person, it cannot be patented.
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Mar 26, 2024 · The US Patent and Trademark Office (USPTO) recently updated its guidance for patent examiners and applicants in determining obviousness under 35 USC § 103, based on the US Supreme Court’s ruling in KSR Int’l Co. v. Teleflex Inc., 550 US 398 (2007).
