摘要: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. ¡ì 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." In the landmark case of KSR, Int'l Co. v.Teleflex,
Inc., 127 S. Ct. 1727 (2007), the United States Supreme Court
broadened the expansive arms of the obviousness standard.
This merits a closer look at strategies inventors can use to combat
or avoid an obviousness rejection.