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Questions tagged [obviousness]

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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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1answer
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New use and area of application for old invention

If I invent something that solves a problem in a new area (an improvement to something that was only invented ten years ago), by using a technique and mechanism disclosed in old invention (something ...
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Why is it unwise to communicate the aspect of the invention that makes it non-obvious?

An experienced patent attorney wrote: In the US, it is not wise to try to point out, in the application, which aspect of your invention is the part that makes it non-obvious. Why is it unwise to ...
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What is the line between obvious and novel?

I read somewhere that attempts to make the distinction of novel and obvious by If you combine two or more existing things in a way that would make sense to one of skill in the art to accomplish a ...
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1answer
107 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 ...
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The patent claim one benefit of purification and then try to over reach. Nothing new

In reference to the patent: US20140093916 What is new about it? it is just the same as other protein based affinity purification.
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1answer
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An obvious prior art… mobile phone

Shouldn't an obvious prior art of this claim be any smart phone / mobile phone with video screen, speaker and a port which load images for display? What is claimed is: An electronic media ...
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1answer
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US8214361 B1 How can it be considered not obvious?

In the field of IR I was considering US8214361 B1: if I can resume the claims in two words the invention is a search engine interface that not only provides a set of results but also a set of ...
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1answer
123 views

Method to request reexamination of patent for instructional video

I am in the process of filing a reexamination request for patent 8,605,152: Method and apparatus for yoga class imaging and streaming. Under what grounds would I challenge a patent for an ...
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Is it obvious even though no one is doing it?

I have an idea. I'm debating with myself whether or not it is obvious. I don't see any evidence of anyone else in the industry doing it. Before I begin doing it I'd like to secure a patent if ...
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281 views

Does the US patent laws limit patent applications on “obviousness to a professional”?

In Swedish patent law, there's a clear statement that for an application to be approved, the solution that it provides can't be "obvious to an industry professional". Meaning that, given the state of ...