Tuesday, November 24, 2009

Determining Obviousness

Determining whether an invention is obvious and therefore not able to be patented is not as easy as it sounds. Even patent examiners can be challenged by this issue. To help, the USPTO created Examination Guidelines for Determining Obviousness Under U.S.C. 103**[R-6]. The guidelines review pertinent court cases and outline a procedure for searching for prior art that has a bearing on obviousness.

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