Wednesday, October 10, 2007
Obvious or Not?
"Is an invention obvious to a person with ordinary skill in the field?" is a question that plagues inventors and even patent examiners. To address this problem the United States Patent and Trademark Office (USPTO) is publishing examination guidelines to help determine obviousness according to requirements expressed in 35 U.S.C. 103. The guidelines will take effect Oct. 10, 2007 and are intended as internal office help. Rejections will continue to be based upon the substantive law instead of the guidelines. For more information, access the Federal Register, Oct. 10, 2007 (Vol. 72, No. 195, p.57526-57535).
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