Patent Office Litigation Prediction #3: Obviousness is King

In his third prediction from a series of six, Robert Greene Sterne, editor-in-chief of Patent Office Litigation and founding director at intellectual property law firm Sterne, Kessler, Goldstein & Fox PLLC discusses how "Obviousness is King" in this new world of patent office litigation at the United States Patent & Trademark Office. Specifically, he addresses the definition of obviousness in context of the new contested proceedings at the USPTO. He also predicts the role that obviousness will play in these proceedings over the See more +
In his third prediction from a series of six, Robert Greene Sterne, editor-in-chief of Patent Office Litigation and founding director at intellectual property law firm Sterne, Kessler, Goldstein & Fox PLLC discusses how "Obviousness is King" in this new world of patent office litigation at the United States Patent & Trademark Office. Specifically, he addresses the definition of obviousness in context of the new contested proceedings at the USPTO. He also predicts the role that obviousness will play in these proceedings over the next 12-24 months, and provides a brief summary on the difficulties patent owners may encounter as a result.

Ushered in by the America Invents Act, new contested proceedings before the USPTO are the most significant development in patent practice since the creation of the U.S. Court of Appeals for the Federal Circuit in 1982. Patent Office Litigation is a two-volume book focused on the new contested proceedings under the America Invents Act. This book examines how the proceedings interact with other aspects of patent procurement and enforcement, while delivering practical analysis and advice to all members of the greater intellectual property law community. See less -

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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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