Intellectual Property
description
Transcript of Intellectual Property
Intellectual Property
Boston College Law School
February 26, 2007
Patent - Nonobviousness
Requirements
• (1) Patentable Subject Matter
• (2) Novelty
• (3) Utility
• (4) Nonobviousness
• (5) Enablement
Nonobviousness
• 35 U.S.C. § 103. Conditions for patentability; non-obvious subject matter.– “A patent may not be obtained though the invention is
not identically disclosed or described as set forth in section 102 … if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains …”
Nonobviousness
• Factors in the analysis– (1) Scope and content of prior art– (2) Differences between invention and prior art– (3) Level of ordinary skill in the art– (4) “Secondary considerations”
• Commercial success
• Long-felt but unsolved needs
• Failure of others to invent
• Copying by others
Chisel Plow
Graham v. John Deere
In re Dembiczak
Nonobviousness
• Secondary considerations– Commercial success– Long-felt but unsolved needs– Failure of others to invent– Copying by others
Problem 3-10
• Claimed invention– Lollipop in shape of human thumb
– Wrapped in a mold that can be worn
– Contains gum inside lollipop
• Prior art references– Siciliano: ice cream wrapped in a
removable mold
– Copeman: lollipops in various molds usable as balloons
– Harris: hollow, thumb-shaped lollipop
– Webster: chewing gum enclosing liquid syrup
Administrative
• Next Assignment– Through IV.C.3 – Doctrine of Equivalents