Patent Bar MPEP Q & A Podcast

MPEP Q & A 286: What are the factual inquiries of obviousness enunciated by the Court?


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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 […]

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Patent Bar MPEP Q & A PodcastBy Lisa Parmley, USPTO Patent Practitioner #51006

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