Questions tagged [non-obviousness]

For posts questioning whether any skilled practitioner would find the idea obvious in light of the prior art.

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Is a less restrictive rule different or a subset of a more restrictive rule?

A patent application for a software system, or a set of rules basically, is facing potential prior art challenge. The prior art invention has 5 elements/rules: 1. Rule_A 2. Rule_B 3. If and when A ...
Bear Bile Farming is Torture's user avatar
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Statutory, regulatory, or other bases for the "all elements test" in obviousness responses

I often see 103 rejections rebutted in essentially the same way a 102 rejection is rebutted: by arguing that one reference (usually the primary reference) does not teach the elements the Examiner ...
jordanpg's user avatar
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When evaluating for inventive step, novelty, non-obviousness and so on, does the examiner focus on the claims or the overall invention?

I have an invention in mind, but there is a certain patent with claims that look nearly identical except for one minor part, where the existing patent differs. This minor part is in the very first ...
Joebevo's user avatar
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Patenting a Sandbag?

Sandbag is defined as sand sealed inside a textile bag. The general form of this invention of course has existed since forever. Given the above definition, if a sandbag with certain dimensions or ...
Bear Bile Farming is Torture's user avatar
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patenting a chair made up of wood from a special type of tree

Let's suppose that someone has discovered that wood from a specific tree, hitherto unused in making chairs, provides profound health benefits when sat on. Can they claim the patent of "chairs ...
Bear Bile Farming is Torture's user avatar
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can a bucket full of rocks ever be patented?

Let's suppose that I have discovered an amazing use case for the combination of a bucket full or rocks, can I then patent bucket full of rocks, or at the very least can I patent bucket full of rocks ...
Bear Bile Farming is Torture's user avatar
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What are some obvious and non-obvious arguments for the Handy Pan?

This product appeared in an episode of Shark Tank. Seems pretty obvious to me. Strainers exist. Pans exists. Bowls with strainers exist.
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Using usefulness to prove non-obviousness

Is that possible? Or must usefulness and non-obvious be completely independent arguments? For example, if an invention was never invented because everybody thought it would be a useless invention, ...
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When is combining prior art to invent something new obvious and when is it not obvious?

I am referencing the case of how PTAB invalidated Molly Metz's patent because they decided that combining one jump rope invention with another jump rope invention is obvious: https://usinventor.org/...
Bear Bile Farming is Torture's user avatar
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specific example of patentability

Suppose that in prior art, all that exist is: an apparatus comprising of: A) A shirt piece covering the torso with attaching mechanisms on both the left and right sides of the shoulders; Someone now ...
Bear Bile Farming is Torture's user avatar
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A claim that is more general than one in prior art

Supposed that in prior art, this claim exists: Triangular shaped object Circular shaped object Square shaped object Would the following claim be allowed: Triangular shaped object Circular shaped ...
Bear Bile Farming is Torture's user avatar
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If C = A + B and E = D + C, is it necessarily the case that E = D + A + B?

If some other invention claims A + D or B + D, would the examiner argue that these are not novel because E = D + C already exist, and C = A + B, hence E = D + A + B necessarily?
Bear Bile Farming is Torture's user avatar
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If A+B+C already exists, would it be argument for obviousness if someone attempts to patent A+B?

If A+B+C already exists, would it be argument for obviousness if someone attempts to patent A+B? Why or why not? Or does it depend on circumstances? If so, can you give examples?
Bear Bile Farming is Torture's user avatar
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Why did Molly Metz's attorney cite this statistic to prove non obviousness?

I am referring to this case https://bannerwitcoff.com/wp-content/uploads/2021/04/Jump-Rope-Maker-Gets-PTAB-To-Nix-Rivals-Handle-Patents-Law360.pdf The plaintiff cited that: In the PTAB cases, Jump ...
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Since PTAB has been formed, what percentage of patents have been invalided due to being retroactively deemed "Obvious"?

This question is motivated by this https://bannerwitcoff.com/wp-content/uploads/2021/04/Jump-Rope-Maker-Gets-PTAB-To-Nix-Rivals-Handle-Patents-Law360.pdf If there is statistics, what percentage of ...
Bear Bile Farming is Torture's user avatar
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How is non-obviousness determined?

I am referring to this case https://bannerwitcoff.com/wp-content/uploads/2021/04/Jump-Rope-Maker-Gets-PTAB-To-Nix-Rivals-Handle-Patents-Law360.pdf If a patent can be invalidated because Non-Obvious ...
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Can someone explain how PTAB invaliated Molly Metz's jump rope patent?

I am reading up on this case: https://usinventor.org/mollymetz-thejumpropequeen/ How is the patent determined to be "obvious" by the PTAB?
Bear Bile Farming is Torture's user avatar
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Is there a place to get an appraisal for a patent that is intended to be sold or licensed out?

I am estimating that it'll cost me $5,000-$10,000 to get a patent on my invention. The invention is a piece of manufactured textile wearable fitness garment. If it is sold on Amazon, I'd estimate it ...
Bear Bile Farming is Torture's user avatar
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Why novelty of the idea is required when non-obviousness apparently already covers the requirement?

What I understand about novelty requirement of an idea is that, The idea is required to be new from the existing prior arts. And by the non-obviousness requirement of the idea is that, The idea is ...
Sazzad Hissain Khan's user avatar
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How is obviousness assessed?

I would like to ask how is obviousness of an invention assessed as it is difficult to appreciate it if you do not have experience of how several inventions have been evaluated. I think we can agree ...
PCT-user's user avatar
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Can an improvised device made of used packaging be patented?

I'm using a so-called cantenna (antenna made of a used can) as an example. Suppose there's no evidence that anyone has tried a cantenna but antennas of similar design, just made of other materials, ...
sharptooth's user avatar
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Is amending an independent claim in an amendment fully responsive to dependent claim rejections?

As in the title, if an examiner rejects claims 1 and 2, with claim 2 being dependent on claim 1, would amending only claim 1 be fully responsive to the office action? For example, Claim 1: A Z ...
onefanfare's user avatar
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Patentability of a specific method of web content filtering

My friend is the creator and vendor of a web content filtering software. His clients are ISPs who then offer this service to their customers. Recently his clients received a very threatening "...
yossizahn's user avatar
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Overcoming obviousness-type double patenting rejection referencing third-party material

I have a provisional OTDP rejection that references an earlier application I made, explicitly references a third-party reference (no inventors in common with the application), and two other references ...
Keir Finlow-Bates's user avatar
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Claimed Invention "As a Whole"

QUESTIONS What is the nuanced meaning of "CLAIMED INVENTION AS A WHOLE"? Put another way: Why not just write CLAIMED INVENTION? What is the alternative, "claimed as a ???"? USPTO PASSAGE A ...
gatorback's user avatar
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Unpublished foreign applications considered prior art for EPO inventive step?

Is it true that third-party applications which are filed earlier but unpublished at the time of filing are not considered prior art for inventive step purposes in the EPO? If so, this is a huge ...
user132162's user avatar
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Full Scope Non-Obviousness?

"Full scope" enablement -- i.e. that the entire scope of the claim is enabled under 35 USC 112 -- has been identified as a requirement in case law. See here. Also from MPEP 2164.08: The Federal ...
user132162's user avatar
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What questions does an examiner ask when determining if an application is non obvious?

As I understand it: there is no 'bright line' to demarcate the boundary. USPTO instructs examiners: A patent for a claimed invention may not be obtained, notwithstanding that the claimed ...
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Does a patent on an invention which does not work (but granted as if it does) count as invalidating prior art?

Suppose Alice (a fictional name for this example) comes up with an novel invention idea for a machine to do very useful work, but which requires as part of the larger machine a component perpetual ...
WBT's user avatar
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Patents need to be non-obvious, but this patent is clearly obvious

Patented items are supposed to be non-obvious inventions. However, this patent would seem to be frivolous, consisting of hot glue and a brass casing used to produce a type of bracelet. In reference ...
Gary Bunker's user avatar
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1 answer
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How does this particular patent satisfy the tests of obviousness and novelty?

In reference to the patent: US8060994 Please look at the following existing patent for a self-locking carabiner: https://www.google.co.in/patents/US5005266 In lieu of the same, is not the patent in ...
Aniket Aggarwal's user avatar
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599 views

Is claiming priority with a different inventor essentially madness?

I apologize for the click bait title, but that's really my question. 35 USC § 102(a)(2) provides: A person shall be entitled to a patent unless— (2) the claimed invention was described in a patent ...
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1 answer
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Can the examiner's use of more than 3 prior art refs in combination be successfully argued as "nonobviousness"?

In attorney-authors Pressman & Tuytschaevers' book Patent It Yourself, in the section on responding to rejections based on combinations of multiple prior art refs to achieve the same result (18th ...
Charles's user avatar
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Is US8433843 invalid?

In reference to the patent: US8433843 I'm convinced this patent is invalid. This patent, in summary, is: The idea of combining wear leveling with a secure erase in the write step. Various claims ...
rnpl's user avatar
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Basic eCommerce system re-patented?

I came across a patent that was issued a few days ago: US 9,799,066: System and method for providing commercial functionality from a product data sheet. The patent describes a process where ...
Judy's user avatar
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Question about the Non-obviousness Requirement of 35 U.S.C

The non-obviousness requirement of 35 U.S.C. 103 states that a patent may not be obtained if it contains only obvious differences from prior art. Consider the following: A is known prior art. B ...
weaver's user avatar
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Does same owner's prior application count as of filing or publication date?

For 103/obviousness (but not obvious-type double patenting) reasons, does an application published by the same inventor/owner count as prior art against future applications of the inventor/owner based ...
user132162's user avatar
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Is it possible to write software that doesn't infringe on patents?

I'm working on app not similar to Uber, but one that also facilitates peer-to-peer economic activity. However, I recently came across a patent filed by Uber, entitled "Providing a summary or ...
CodyBugstein's user avatar
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1 answer
261 views

Examiner ignores inventor's arguments against his owns

Here is the situation: my patent has gone through several Office Actions (OA). In the first 2 Office Actions, the examiner found some legitimate arguments against my application and I have amended ...
calocedrus's user avatar
1 vote
2 answers
185 views

If I produce a open source algorithm, can a company register a patent with my idea and sued me?

If I produce an open source product with an idea, lets say; an algorithm or protocol that nobody did before, can a company register a patent with my idea and sue me?
Israel Garcia's user avatar
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1 answer
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What is the difference between 'Dillon 892 F.2d 1554, (Fed. Cir. 1989)' & 'Dillon, 919 F.2d 688 (Fed. Cir 1990)'

In the book "Invention Analysis and Claiming, a patent lawyer's guide" (second edition) by Ronald Slusky he makes the point that "A claim reading on prior art is unpatentable whether or not the prior ...
user16818's user avatar
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Can this patent be rejected?

I have an Indian (utility) patent pending (filed in November 2014) for a process related to improved aircraft engine type/class. I am thinking of filing a PCT International application for the same (...
Swapnil Jagtap's user avatar
2 votes
1 answer
241 views

Can it be a patent?

I have an Indian (utility) patent pending (filed in November 2014) for a process related to improved aircraft engine type/class. I am thinking of filing a PCT International application for the same (...
Swapnil Jagtap's user avatar
3 votes
3 answers
1k views

Urgent - My Patent Application received a Non-Final Rejection, Advice?

I have written a computer program which combines two patented ideas, but provides a new and much needed function, and service for that matter. Hence the big money corps stand to make from the use of ...
dave's user avatar
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7 votes
1 answer
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Method for exercising a cat?

http://www.google.co.uk/patents/US5443036 Does anyone know the reason why this patent was filed and granted? In what way might this game have qualified as non-obvious and novel to the examiner? ...
Pateen's user avatar
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3 votes
2 answers
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US 2013/0272429, a patent application on calculating three checksums instead of one

I stumbled upon patent US 2013/0272429 that appears to patent calculating three checksums instead of one. Even if the obviousness of the basic idea is not enough to throw this out there should be ...
Venti's user avatar
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US8618969: Missing a key reference

S. Balasubramanian et al., "Systematic analysis of interleaved digital-to-analog converters", Circuits and Systems II: Express Briefs, IEEE, 2011. Much of the claims overlap with the content of this ...
SIDHARTH BALASUBRAMANIAN's user avatar
3 votes
5 answers
729 views

Locating data specific for application - Patent Application - PRIOR ART REQUEST

AN OVERBROAD PATENT ON LOCATING DATA ON A COMPUTER - This application seeks to patent the idea of... locating data for applications on a computer! 10 minutes of your time can help narrow US patent ...
Raghavendra's user avatar
2 votes
2 answers
224 views

Is Patent US5930362 weak or obvious?

Is Patent us5930362 weak because it has only 2 independent claims that specifically reference DH. Could this patent be circumvented by computing something that is not specifically DH but could be ...
2wm's user avatar
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1 answer
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Can 3-D Printing Materials be Patented After an Algorithm for Making Them is Published?

There is a growing concern in the open-source 3-D printing community that broad patent claims on materials for 3-D printing may hamper the open-source 3-D printing community's ability to innovate. ...
3D-printer's user avatar