Law Outlines Patent Law Outlines
Typical US Patent Law outline, contains a checklist of key issues to spot (patentability requirements, infringement, defenses, and so forth), as well as details on key cases and provisions of the patent law about all the main patent law topics. Course also emphasized policy rationales underlying patent law, which is interspersed throughout....
The following is a more accessible plain text extract of the PDF sample above, taken from our Patent Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
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Graham v. John Deere
Invention: Shock-absorbing plow.
In re Dembiczak (Fed Cir 1999)
Examiner must make findings as to which teachings, suggestions, or motivations (TSM) would have led anyone to combine the prior art to arrive at a conclusion of obviousness
The nature of the problem to be solved given the ordinary level of skill of one in the art can also suggest the combination of references
“What problem are you solving?” is one of the core questions of the obviousness analysis, though buried in state doctrine; framing of this question is likely dispositive.
KSR International v. Teleflex (U.S. 2007)
TSM shouldn’t be so “rigidly” applied such that we’re “look[ing] only to the problem the patentee was trying to solve”
Should look beyond what’s claimed in the invention
Work shouldn’t be totally predictable
Let’s go back to and stick with Graham (obvious-to-try) (but ignore this on the exam)
Kubin (Fed Cir 2009)
Maybe obvious-to-try is a thing again (again don’t try this on the exam)
Pfizer v. Apotex (Fed Cir 2007)
Routine Experimentation still requires “reasonable expectation of success.”
Reasonable expectation of success required before claims may be rejected for prima facie obviousness; thus “no...
Buy the full version of these notes or essay plans and more in our Patent Law Outlines.
Typical US Patent Law outline, contains a checklist of key issues to spot (patentability requirements, infringement, defenses, and so forth), as well as details on key cases and provisions of the patent law about all the main patent law topics. Course also emphasized policy rationales underlying patent law, which is interspersed throughout....
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