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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Statutory justification 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 ...
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2
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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 ...
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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 ...
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2
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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 ...
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1
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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 ...
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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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2
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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/...
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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 ...
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2
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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 ...
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2
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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?
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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?
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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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1
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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 ...
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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?
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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 ...
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2
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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 ...
3
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2
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63
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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 ...
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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, ...
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2
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1
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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 ...
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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 "...
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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 ...
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3
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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 ...
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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 ...
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1
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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 ...
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2
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1
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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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2
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2
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109
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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 ...
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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 ...
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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 ...
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1
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563
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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 ...
user18033
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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 ...
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0
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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 ...
prior-art-request
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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
...
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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 ...
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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 ...
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1
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282
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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 ...
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255
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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 ...
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2
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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?
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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 ...
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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 (...
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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 (...
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3
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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 ...
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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?
...
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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 ...
1
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0
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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 ...
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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 ...
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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 ...
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1
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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. ...
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How is US5693489 patent different from US4952496?
From what I can tell, the language in these patents are exactly same with the exception of the degree of detail outlined in the claims. Claim 1, 1a, and 1b of US5693489 appear to re-phrasing claims 12,...
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Related Tags
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ptab × 2
usa × 2
priority × 1
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