On February 27, 2024, the U.S. Patent and Trademark Office published its Updated Guidance for Making a Proper Determination of Obviousness ("Guidance") in the Federal Register. The stated goal of the ...

The Guidance notes that KSR and subsequent Federal Circuit decisions have reaffirmed the analytical framework of Graham v. John Deere Co., 383 U.S. 1 (1966), including assessing the scope and content ...

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 ...

Analysis Distinguishing Unexpected Results From Unexpected Mechanisms of Action in Evaluating Non-Obviousness Many inventions build on or combine previously known elements, requiring the Patent Office ...