On February 27, 2024, the U.S. Patent and Trademark Office published its Updated Guidance for Making a Proper Determination of Obviousness ("Guidance") in the Federal Register. The stated goal of the ...

May 25, 2023 - In inter partes reviews (IPRs), a petitioner may challenge the validity of issued claims as being obvious over one or more prior art references. A claim is unpatentable if it would have ...

“To some lay inventors, [the person having ordinary skill in the art] standard sounds like patentability turns upon the opinion of a fantastical imaginary character, and invoking this character would ...

I do not usually write about non-precedential Federal Circuit decisions, but I could not let the discussion of “simultaneous invention” in Columbia University v. Illumina, Inc., go without comment. As ...

Many inventions build on or combine previously known elements, requiring the Patent Office and courts to determine which combinations of, or improvement on, previously known elements are entitled to ...

”A litigant can improve its chances of winning a motivation to combine or modify (MTC) argument by knowing how the PTAB is analyzing and characterizing MTC arguments.” Since the America Invents Act ...

Obviousness is one of the most challenging and amorphous issues in U.S. patent law, and one that all practitioners—litigators and patent prosecutors alike—inevitably confront on a regular basis.

Tuesday at the U.S. Supreme Court, the justices heard arguments concerning a basic tenet of patent law. In addition to being new, any invention for patent must be deemed “nonobvious” over what is ...

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