Analysis

PTAB Case Highlights Power Of Nonobviousness Arguments

Law360 (April 23, 2020, 7:57 PM EDT) -- A precedential Patent Trial and Appeal Board decision where industry praise for an invention led to a finding that it was not obvious shows the board is open to such arguments as a way to save patents, and that they may be especially useful when amending claims, attorneys say.

While so-called "secondary considerations" evidence of nonobviousness — including industry praise, commercial success and solving a long-felt but unmet need — is often challenging to present and can be overlooked, the decision designated precedential last week illustrates how it can result in a win for patent owners.

"When I saw this decision,...

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