Friday, March 15 2024   \  Published by USPTO.

Responding to Obviousness Rejections in Light of the USPTO’s New Guidance

Responding to Obviousness Rejections in Light of the USPTO’s New Guidance

The United States Patent and Trademark Office (USPTO) recently released new guidance to patent examiners on making obviousness rejections. The guidance focuses on post-KSR precedential jurisprudence from the U.S. Court of Appeals for the Federal Circuit. Some of the guidance is fairly mundane, some of it is not. For a general overview of the guidance itself, click here.

The purpose of this article is to propose a few responses one might use to counter rejections that apply certain problematic aspects of the new guidance. It is not exhaustive and I cannot predict what trends we might actually see in the future, but I submit the below based on a few things I see as potentially becoming issues. Read more

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