legal shots.jpg

Home

legal shots.jpg
Posts in Obviousness
Interference-in-Fact Decision Highlights Importance of Reasonable Expectation of Success to Find Obviousness

While the recent holding in Univ. of California v. Broad Institute, Inc., will certainly have long-reaching and important implications in the fight for control over CRISPR-based technology, the Federal Circuit’s opinion also provides additional confirmation that an obviousness determination must demonstrate a “reasonable expectation of success” when combining references from the prior art.

Prosecution, Obviousness
Author: Jeffrey K. Mills, Ph.D.

Read More
Federal Circuit Indicates Secondary Considerations . . . Just Need to be Considered

A recent decision from the Federal Circuit indicates that the order in which a court considers evidence attempting to demonstrate non-obviousness is not important, so long as it is considered.  In prosecution, this translates to an increased need for strong declarations when traversing obviousness rejections.

Prosecution, Obviousness
Author: Jeffrey K. Mills, Ph.D.

 

Read More