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Channel: Patently Strategic – IPWatchdog.com | Patents & Intellectual Property Law
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Patently Strategic Podcast: Obviousness Case Law Review

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An invention cannot be patented if the differences between a claimed invention and the prior art are such that the claimed invention as a whole would have been obvious to a person having ordinary skill in the art at the time the invention was made. Determining obviousness – and the validity of your patent – is more than simply establishing that the invention doesn’t already exist and that it isn’t documented elsewhere. Its conception must also not have otherwise been obvious to those in the field at the time.

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