McDonnell Boehnen Hulbert & Berghoff LLP partner James Gumina authored an article entitled, “The Role Of Unappreciated Inherency In Obviousness Analysis” that appears in the July 2, 2015 online edition of Law360.com. The patent statute makes it clear that subject matter that would have been obvious to one of ordinary skill in the art as of the effective filing date of a patent application is not patentable. The considerations relevant to obviousness have been set for some time: (1) the scope and content of the prior art; (2) the level of ordinary skill in the art; (3) the differences between the claimed subject matter and the prior art; and (4) secondary considerations of nonobviousness. View the article
Note: this article originally appeared in the MBHB Spring 2015 edition of snippets publication.