Thursday, October 18, 2007

USPTO Obviousness Guidelines in view of KSR

Again catching-up on important posts, here is a summary of the new, somewhat modified obviousness standard that was propagated due to KSR.


  • Combining prior art elements according to known methods to yield predictable results;
  • Simple substitution of one known element for another to obtain predictable results;
  • Use of a known technique to improve similar devices, methods or products in the same way;
  • Applying a known technique to a known device, method or product ready for improvement to yield predictable results;
  • "Obvious to try" - choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
  • Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations would have been predictable to one of ordinary skill in the art; and
  • Some teaching, suggestion or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine the prior art reference teachings to arrive at the claimed invention.

Full post here...

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