How New USPTO Guidelines Clarify Obviousness Issues

Law360, New York (October 4, 2010, 12:19 PM EDT) -- The U.S. Patent and Trademark Office recently issued an update to its internal guidelines for evaluating obviousness under 35 U.S.C. ยง 103.

The patent law addressing obviousness has changed dramatically over the last few years, and while the new USPTO guidelines may have little (if any) impact on how issued patents are reviewed by a court, these guidelines can have a significant impact on the breadth of claims an examiner is willing to allow, as well as whether the USPTO is willing to issue a patent...
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