Patently-O

FEBRUARY 27, 2024

Reiterating the Central Role of Graham v. The updated guidance underscores that the factual inquiries set forth by the Supreme Court in Graham v. Thus, while KSR mandated a more flexible approach, the Graham factors still form the foundation of any obviousness analysis. John Deere. John Deere Co.,

Art 121

Art Invention Patent Application Patent 121

Patently-O

MARCH 31, 2024

Courts typically consider various factors in the obviousness analysis, known a the Graham Factors. See Graham v. These factors are relevant only if there is a connection, or nexus, between the factor and the invention covered by the patent claims. John Deere Co. , And I think they’re very meaningful.

Invention 58

Invention Copying Licensing Art 58

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. Argument for change to factor 4, that growing a market/market benefits should matter. Giving pleasure can found patentability; use that!

IP 59

IP Marketing Marketing Patent 59