While the first Patent Act, passed in 1790, did not contain any express requirement of non-obviousness, it did require that certain high-ranking government officials assess whether an invention ...

March 29, 2024 - The U.S. Patent and Trademark Office (USPTO) recently published an Updated Guidance for Making a Proper Determination of Obviousness. 89 Fed. Reg. 14,449 (Feb. 27, 2024). The ...

On February 27, the United States Patent and Trademark Office (USPTO) released new guidance aimed at enhancing the methodology used to assess the obviousness of patent applications.

Patent attorneys throughout the country are holding their breath waiting for the U.S. Supreme Court to rule on what many consider to be the most important patent case in decades. In KSR v.

LKQ petitioned for inter partes review (IPR) of GM's Design Patent No. D797,625 for a vehicle front fender, arguing the claimed design was obvious based on U.S. Design Patent No. D773,340 to Lian ...

The United States Patent and Trademark Office (USPTO) recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was ...

The Rosen-Durling Test Bolstered the Strength of Design Patents by Setting a High Bar for Obviousness . A key element of patent validity is nonobviousness, meaning the claimed design cannot be one ...

Kerry Group Services International, Ltd. appealed the PTAB’s final written decision holding five claims of its U.S. Patent No. 11,071,304 unpatentable as obvious over two prior art references ...

Dr. Mo Abolkheir, a philosopher specializing in inventions and patents, has identified a logical fallacy—a flawed argument that may appear valid but is based on faulty reasoning—within the law.