MPEP Q&A 286: What are the factual inquiries of obviousness enunciated by the Court? - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006

from 2023-10-10T14:15:33

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Question: What are the factual inquiries of obviousness enunciated by the Court? Answer: Obviousness is a question of law based on underlying factual inquiries. The factual inquiries enunciated by the Court are as follows: (A) Determining the scope and content of the prior art; (B) Ascertaining the differences between the claimed invention and the prior art; and (C) Resolving the level of ordinary skill in the pertinent art. Chapter Details: The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability. The answer is from the 9th Edition, Revision 10.2019. Depending on futureā€¦


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