USPTO offers 2-hour virtual Instructor-Led Training (vILT) on examination practices and procedure guidance for 35 U.S.C. § 103 obviousness rejections and is based on is based on recent training delivered to patent examiners.
Participants will learn basic information regarding:
- Obviousness statute
- Graham v. John Deere obviousness inquiries
- Guidelines for obviousness rejections
- Definition of a “prima facie” case
Registration links:
Apr. 20, 2022 at 1:00-3:00 pm ET (7:00-9:00 PM CET)
or
Apr. 21, 2022 at 5:00-7:00 pm ET
https://www.uspto.gov/about-us/events/learn-online-how-examiners-approach-35-usc-103-obviousness-rejections-2
Note : A presentation in particular discusses the following two Graham v. John Deere obviousness inquiries (based on Apr. 19, 2022 presentation):
Inquiry one: Determine the scope and content of the prior art (MPEP 2141.II.A&B, 2141.01):
What is prior art for the purposes of 35 U.S.C. 103? (specialized understanding of PROSITA, 35 U.S.C. 102 references, official notice, common sense, common ingenuity; applicant’s admitted prior art [MPEP 2129]); Combining references; What to search for (MPEP 2141.II.A.(1); Analogous prior art MPEP 2141.01(a); Determining the scope and content of the prior art [must be considered in its entirety]
Inquiry two: Determine the differences between the prior art and the claimed invention (MPEP 2141.02)
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