Category Archives: PHOSITAPATENT SEARCH
Why should you Conduct Patent Search?
To ascertain if your invention is Novel.
To ascertain if your invention is not obvious to a person of ordinary skill in the art?
To identify prior art that teaches away from your inventive concept and wise them as prior art so that you can convince the office that your invention [...]
Popularity: 75% [?]
This is the third and concluding part of the Non obviousness Requirement for Patentability.
You would do well to study a US Supreme Court case KSR International on Nonobviousness. Study also the Federal Circuit decision against which appeal was filed in the US supreme Court. You can google for the case or find it at findlaw.com
Arguments [...]
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2. Who can be called a person of ordinary skill in the art?
A person of ordinary skill in the art is a hypothetical person. He does not really exist in the world. The acronym used for him generally is POSITA or PHOSITA.
And so who is a POSITA?
He is a hypothetical person of ordinary skill in [...]
Popularity: 78% [?]
I have received more questions from members which I have answered. I post below three questions and answers.
Q.1.-Can a similar patent be filed in India without contacting the
actual assignee who has filed the same patent application. (The patent
has not been issued )
E.g. consider a scenario if an application has been filed in Europe
and the assignee [...]
Popularity: 56% [?]
The non-obviousness requirement for patentability is stated in 35 USC 103. In India, Europe and PCT this is called as the Inventive Step. Patent Act Section 2(ja) declares the need for the invention to be not obvious to a person skilled in the art. Section 2(ja) briefly tells us that at least one feature of the invention must be technically advanced over the existing state of the art and, such technical advance should not be obvious to a person skilled in the art.
Popularity: 79% [?]
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