Strategies In The War Against Obviousness

Law360, New York (January 5, 2009, 12:00 AM EST) -- In order to be patentable, an invention must be new and non-obvious. The non-obvious battle can be time-consuming and costly to win because the determination is subjective.

Under 35 U.S.C. § 103(a), an invention is obvious “if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.”...
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