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Intellectual Property

Intellectual Property. Boston College Law School February 26, 2007 Patent - Nonobviousness. Requirements. (1) Patentable Subject Matter (2) Novelty (3) Utility (4) Nonobviousness (5) Enablement. Nonobviousness. 35 U.S.C. § 103. Conditions for patentability; non-obvious subject matter.

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Intellectual Property

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  1. Intellectual Property Boston College Law School February 26, 2007 Patent - Nonobviousness

  2. Requirements • (1) Patentable Subject Matter • (2) Novelty • (3) Utility • (4) Nonobviousness • (5) Enablement

  3. Nonobviousness • 35 U.S.C. § 103. Conditions for patentability; non-obvious subject matter. • “A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 … if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have beenobvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains …”

  4. Nonobviousness • Factors in the analysis • (1) Scope and content of prior art • (2) Differences between invention and prior art • (3) Level of ordinary skill in the art • (4) “Secondary considerations” • Commercial success • Long-felt but unsolved needs • Failure of others to invent • Copying by others

  5. Chisel Plow

  6. Graham v. John Deere

  7. In re Dembiczak

  8. Nonobviousness • Secondary considerations • Commercial success • Long-felt but unsolved needs • Failure of others to invent • Copying by others

  9. Problem 3-10 • Claimed invention • Lollipop in shape of human thumb • Wrapped in a mold that can be worn • Contains gum inside lollipop • Prior art references • Siciliano: ice cream wrapped in a removable mold • Copeman: lollipops in various molds usable as balloons • Harris: hollow, thumb-shaped lollipop • Webster: chewing gum enclosing liquid syrup

  10. Administrative • Next Assignment • Through IV.C.3 – Doctrine of Equivalents

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