4 ms·
I worked at the USPTO in the distant past. You're pretty close Obviousness requires a reputable, dated source stating something like "I have combined these tw
by monknomo 7y ago
I worked at the USPTO in the distant past. You're pretty close
Obviousness requires a reputable, dated source stating something like "I have combined these two elements" or "Someone should combine these two elements". While magazines or trade literature are acceptable sources, the prior art search is typically conducted primarily through the patent archive. It's a slam dunk if you have two patents with claims that cover the same invention and some way in the text to tie them together. You can't generally rely on your 'expert opinion' that it's obvious because you say so.
Patent examiners are also promoted and retained primarily based on the volume of patents they process. IIRC the bar is something like one or two patents processed a day. That would mean 6-8 hours of reading the patent, researching prior art, writing the response, reading the attorney's response and writing your final disposition, as well as any appeals. Regardless of size of patent.
All this for mid 5 figures to low six figures in NOVA
- ngold 7y agoJust ripe for abuse by rent seekers and walled garden enthusiasts.