The Nonobviousness Of Inventions
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The Nonobviousness Of Inventions
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Author : Kathleen Nora McKereghan
language : en
Publisher:
Release Date : 1991
The Nonobviousness Of Inventions written by Kathleen Nora McKereghan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Inventions categories.
Nonobviousness The Ultimate Condition Of Patentability
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Author : John F. Witherspoon
language : en
Publisher:
Release Date : 1980
Nonobviousness The Ultimate Condition Of Patentability written by John F. Witherspoon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Inventions categories.
A Realistic Approach To The Obviousness Of Inventions
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Author : Daralyn J. Durie
language : en
Publisher:
Release Date : 2011
A Realistic Approach To The Obviousness Of Inventions written by Daralyn J. Durie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
Obviousness is the ultimate condition of patentability. The obviousness requirement - that inventions must, to qualify for a patent, be not simply new but sufficiently different that they would not have been obvious to the ordinarily skilled scientist - is in dispute in almost every case, and it is responsible for invalidating more patents than any other patent rule. It is also perhaps the most vexing doctrine to apply, in significant part because the ultimate question of obviousness has an I know it when I see it quality that is hard to break down into objective elements. That hasn't stopped the Federal Circuit from trying to find those objective elements. In the last quarter-century, the court has created a variety of rules designed to cabin the obviousness inquiry: an invention can't be obvious unless there is a teaching, suggestion, or motivation to combine prior art elements or modify existing technology; an invention can't be obvious merely because it is obvious to try; and so forth. In KSR v. Teleflex, the Supreme Court rejected the use of rigid rules to decide obviousness cases. In its place, the Court offered not a new test, but a constellation of factors designed to discern whether the person having ordinary skill in the art (the PHOSITA) would likely think to make the patented invention. In short, the Court sought to take a realist approach to obviousness - to make the obviousness determination less of a legal construct and to put more weight on the factual determination of what scientists would actually think and do about a particular invention. As a general principle, this realist focus is a laudable one. The too-rigid application of rules designed to prevent hindsight bias had led to a number or results that defied common sense, including the outcome of KSR itself in the Federal Circuit. But the realist approach has some (dare we say it) nonobvious implications for evidence and procedure, both in the Patent and Trademark Office (PTO) and in the courts. The greater focus on the characteristics of individual cases suggests a need for evidence and factual determinations, but the legal and structural framework under which obviousness is tested makes it difficult to make and review those determinations. The realist approach is also incomplete, because both the knowledge of the PHOSITA and the way the court approaches so-called secondary considerations of nonobviousness depend critically on the counterfactual assumption that the PHOSITA, while ordinarily skilled, is perfectly informed about the prior art. If we are to take a realist approach to obviousness, we should make it a consistent approach, so the ultimate obviousness determination actually reflects what scientists in the field would actually think. So far, despite KSR, it does not. The result of taking the realist approach seriously may be - to the surprise of many - a law of obviousness that is in some respects more favorable to patentability than the standard it displaced.
Inventing Invention
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Author : John F. Duffy
language : en
Publisher:
Release Date : 2009
Inventing Invention written by John F. Duffy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
At the beginning of the nineteenth century, all countries having patent systems required patentable inventions to be both new and useful. Now those two fundamental requirements have been joined by a third: Patentable inventions must also be nonobvious. The nonobviousness requirement is considered to be so central to patent policy that it has frequently been called the doctrine of invention, inventive step or simply the patentability requirement. This Article traces how this defining doctrine of invention was itself invented by the world legal culture. For scholars of intellectual property law, this history provides significant insights into the proper functioning and continued development of the doctrine. But the case study also gives much more general insights into the process of legal development, showing how one successful doctrine grew up and conquered the world while many failed doctrines with promising beginnings withered. The history reveals that the legal system itself is capable of generating true legal innovations - i.e., intellectual advances that are objectively better ways for accomplishing the purposes of the law. Such legal innovations can take decades, even centuries, to develop, and flawed doctrines can remain stable law for large portions of a century before their downfall. The case study has obvious relevance to the great debate over the so-called positive theory of the economic analysis of law and suggests that economic analysis should have a more unabashedly normative component, which might facilitate innovation and progress in law.
So Called Secondary Considerations Related To The Nonobviousness Of An Invention
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Author : Guy Mcclung
language : en
Publisher:
Release Date : 1985
So Called Secondary Considerations Related To The Nonobviousness Of An Invention written by Guy Mcclung and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Patents categories.
Nonobviousness And The Incentive To Innovate
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Author : Robert M. Hunt
language : en
Publisher:
Release Date : 2019
Nonobviousness And The Incentive To Innovate written by Robert M. Hunt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
U.S. patent law protects only inventions that are nontrivial advances of the prior art. The legal requirement is called nonobviousness. During the 1980s, the courts relaxed the nonobviousness requirement for all inventions, and a new form of intellectual property, with a weaker nonobviousness requirement, was created for semiconductor designs. Supporters of these changes argue that a less stringent nonobviousness requirement encourages private research and development (R&D) by increasing the probability that the resulting discoveries will be protected from imitation. This paper demonstrates that relaxing the standard of nonobviousness creates a tradeoff--raising the probability of obtaining a patent, but decreasing its value. The author shows that weaker nonobviousness requirements can lead to less R&D activity, and this is more likely to occur in industries that rapidly innovate.
The Non Obvious Problem
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Author : Gregory N. Mandel
language : en
Publisher:
Release Date : 2016
The Non Obvious Problem written by Gregory N. Mandel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
The dominant current perception in patent law is that the core requirement of nonobviousness is applied too leniently, resulting in a proliferation of patents on trivial inventions that actually retard technological innovation in the long run. This Article reveals that the common wisdom is only half correct. The nonobviousness standard is not too low, but both too high and too low. It is indeterminate. Three principal factors produce nonobviousness indeterminacy: a failure to identify the quantum of innovation necessary to satisfy the standard, a failure to define the baseline level of ordinary skill against which to measure an innovation, and the epistemic infeasibility of requiring a technologically lay decision maker to judge from the perspective of a more highly trained and educated person of ordinary skill in the art.This Article introduces a mathematical model of innovation and patenting to analyze the effects of nonobviousness indeterminacy. Based on the model, indeterminacy in nonobviousness decisions has several unexpected consequences. First, indeterminacy results in an excessive total number of patent grants, and in many patent grants on obvious inventions. Second, indeterminacy leads to too many patent applications on obvious inventions and too few applications on non-obvious inventions. Third, uncertainty causes more patent litigation than is optimal and leads to incorrect litigation outcomes. Fourth, indeterminacy leads to inefficiently low incentives to research and develop great advances, and excessively high incentives to invest in mundane innovation. All of these effects occur even assuming that decision makers apply the nonobviousness standard correctly on average.That many of the current patent system ills may result from indeterminacy rather than from too low a nonobviousness standard has significant consequences for the patent system and for current recommendations for reform. Perhaps most critically, arguments for raising (or lowering) the nonobviousness threshold, a mainstay of recent legal and economic analysis, may be somewhat inapposite, unless and until we can establish greater specificity in the standard. This Article concludes with several recommendations for improving determinacy in nonobviousness decisions, including differentiating nonobviousness analysis and developing a substantive nonobviousness standard.
Invention And Non Obviousness In United States Patent Law
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Author : Jeanne Boucourechliev
language : en
Publisher:
Release Date : 1967
Invention And Non Obviousness In United States Patent Law written by Jeanne Boucourechliev and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with Industrial property categories.
First To File
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Author : M. Henry Heines
language : en
Publisher: John Wiley & Sons
Release Date : 2014-10-13
First To File written by M. Henry Heines and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-13 with Technology & Engineering categories.
Bridges the gap between the realistic needs and questions of scientists and engineers and the legal skills of professionals in the patent field at a level accessible to those with no legal training • Written for inventors in lay terms that they can relate to or easily follow • Lays out the new features of patent law introduced by the America Invents Act of 2012 • Explains the differences between the first-to-invent and first-to-file rules and why the two rules will coexist • Focuses on the growth of new technologies in industry versus the laws protecting them
Invention Works
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Author : Richard Crangle
language : en
Publisher:
Release Date : 2004
Invention Works written by Richard Crangle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.
Success, provides guidance to those who have meritorious product concepts but do not know what to do. It assists in teh arduous process of transforming a product concept into an invention, then into a profitable product.