Monday, December 07, 2009

Is Patently-O thread on obviousness predictably obvious?

In a post on Patently-O titled David Kappos and The Impact of KSR – a unique opportunity for our profession, one has a comment thread that is mostly about obviousness and little about David Kappos. It re-visits a lot of previous commentary.

Predictably, MaxDrei speaks of the European PSA (problem and solution approach).

See previous IPBiz posts:


Obviousness: European problem and solution approach



Obviousness in interferences; Chapman and the 14- hydroxy problem in oxycodone



Interesting comment thread on Patently-O


In part, the guest poster on Patently-O, Paul Cole, brings up themes from a 2008 article in JMRIPL:

More detained comments on the suggestion are found in a paper on KSR that was published in the John Marshall Review of Intellectual Property Law in 2008[1]. For convenience of reference, the final section is set out here: (...)

Of the comment thread, in the realm of birds, there are chattering magpies (note a blog of the name) and there are macaws like Lex Luther.

For a Christmas theme on obviousness, see Patentability and the “Long-Felt Unmet Need”

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