The pitfalls of obviousness
نویسندگان
چکیده
منابع مشابه
Obviousness Inquiry after Ksr
One of the most important and delicate judicial tasks in patent law is to keep the obviousness doctrine in reasonable working order. There are several reasons why the obviousness doctrine has been the subject of frequent judicial tinkering. First, patentability doctrines interact with each other, so doctrinal alterations that seem to be entirely external to the obviousness doctrine frequently h...
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In this debate, Professor R. Polk Wagner, of Penn, and Professor Katherine J. Strandburg, of DePaul University College of Law, consider the merits (and demerits) of one doctrinal approach to the socalled “obviousness” requirement in patent law—the “teaching, suggestion, or motivation” (TSM) test. In Wagner’s view, “even with its imperfections, the law and policy of the TSM analysis, done right,...
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Law360, New York (May 13, 2016, 12:15 PM ET) -Obviousness-type double patenting (ODP) is a judicially created doctrine intended to prevent an improper timewise extension of patent rights by prohibiting the issuance to a single entity of claims in a second patent which are not "patentably distinct" from the claims of a first patent.[1] Claims are not patentably distinct from each other if one cl...
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ژورنال
عنوان ژورنال: Acta Historiae Artium
سال: 2017
ISSN: 0001-5830,1588-2608
DOI: 10.1556/170.2017.58.1.6