When an invention combines previously known features, non-obviousness turns on whether the person having ordinary skill in the art would have a reason to make the combination. This analysis requires considering whether the ordinarily skilled person would have a reasonable expectation of success in combining the known features.
Recent Federal Circuit cases provide guidance in successfully arguing for patentability under this doctrine and establish that it applies even when obviousness is asserted based on a single reference. Successfully arguing obviousness in patent prosecution, post-issuance proceedings, and district court litigation depends on this analysis with increasing frequency.
In addition to discussing applicable cases, we will explore these issues:
- When do circumstances favor arguing reasonable expectation of success at the PTAB and during patent examination?
- What types of evidence are helpful or needed to support the arguments?
- How can patents be drafted to establish that skilled persons would not have expected success by modifying the known art?
Advanced Obviousness Analysis: Understanding the Reasonable Expectation of Success Doctrine
Thursday, May 31, 2018
9:00 AM - 10:00 AM PDT
Webcast - Register Now!
Our speakers will be Fitch Even attorneys David A. Gosse and Margaret “Peggy” Wojkowski. Dave has a diverse IP law practice with substantial experience in district court litigation and PTAB practice in a variety of post-issuance proceedings, as well as with patent preparation and prosecution. Peggy is a registered patent attorney whose practice currently encompasses patent preparation and prosecution, patent post-issuance proceedings, and product clearance and legal opinions.
Fitch, Even, Tabin & Flannery LLP
CLE credit has been approved for California, Illinois, and Nebraska. Other states may also award CLE credit upon attendee request.
Free. Registration required.
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