Discussed here is "routine optimization," an approach to obviousness in cases where the gap between the prior art and patent claims appears to be one that the hypothetical person of ordinary skill in ...

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 ...

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 updated ...

Ewa M Davison and Gary M Myles provide strategies for establishing non-obviousness in the biotechnology and pharmaceutical arts in light of the Supreme Court’s rejection of a rigid TSM test In ...

“It was reasonable for the Board to find that…a skilled artisan would recognize that the reference discloses a complete formulation—excluding the possibility of an additional active ingredient.” – ...

Sylvan Browne suggests a way to deal with the problem of hindsight bias when assessing the obviousness of a patent application So-called hindsight bias can affect the assessment of the obviousness of ...

“As practitioners, we can settle into patterns of what we do, and we are not always in tune with whether that’s the most effective approach. While this data is not airtight…we can still gather ...