Nonobviousness: Practical Guidelines to Defeating an Obviousness Rejection by Kenneth Horton


Originally published in Bloomberg Law Reports - Intellectual Property, March 5, 2012.Vol 6 No 10.

One of the common obstacles preventing a patent application from being issued by the U.S. Patent & Trademark Office ("USPTO") is the dreaded "obviousness rejection," where the examiner rejects the applicaton on the basis that the invention is "obvious" in light of one or more prior art references ("prior art"). As a former patent examiner, there are several guidelines I follow when replying to these rejections.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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