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When You Don’t Know What You Know: The Role of Unappreciated Inherency in the Obviousness Analysis

The patent statute makes it clear that subject matter that would have been obvious to one of ordinary skill in the art as of the effective filing date of a patent application is not patentable.[1] The considerations relevant...more

Proving Inherent Anticipation – Make or Break Your Case With Expert Testimony

Anticipation is a basic concept in patent law. On its face the concept is simple—if a single prior art reference teaches every element of a claim in the proper context, then the claim is not patentable, i.e., it is...more

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