Patent Law: 35 USC 103

Question 1

35 USC 103

Answer 1

Invention is not patentable if it is an obvious variation on the prior art

Question 2

The Graham Factors

Answer 2

1. Prior Art - compare invention to prior art
2. Level of Ordinary Skill in the Field - patent is precluded if the claimed invention would be obvious to one of ordinary skill in the art
3. Secondary Considerations - an invention is likely non-obvious if it meets with great commercial success, there was a long-felt need in the art, or there was a failure of others to resolve the problem

Question 3

Prima Facie Case of Obviousness

Answer 3

There can be a prima facie case of obviousness made if:
1. There was a likelihood of success based on prior art
2. Everything you’re claiming exists in the prior art
3. There was a suggestion that the various elements of prior art could be combined

Question 4

KSR

Answer 4

Person of ordinary skill in the art also has ordinary creativity

Question 5

The Seven Rationales (KSR)

Answer 5

Seven rationales upon which an invention can be considered non-patentable as obvious
1. Combo of elements according to known methods yields predictable results
2. Sub of one known element for another to obtain predictable results
3. Using known techniques to a known device yields predictable results
5. Obvious to try
6. Analogous device in another field, incentives would make it obvious to use
7. Some teaching/suggestion/motivation would have led to modify or combine to arrive at claimed invention (TSM Test)