The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Dec 1st, 2023, 7:05am


Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
   Obviousness (Moderators: Forum Admin, JimIvey, JSonnabend)
   expert above ordinary skil		 « Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: expert above ordinary skil  (Read 1330 times)
gilteva
Newbie
*




   


Posts: 9
expert above ordinary skil
« on: Jun 3rd, 2007, 12:54pm »		 Quote Quote Modify Modify
Hi,
I answered that the invention is not obvious, because big companies and their big experts did not solve the problem that I solved.  
I am saying that if they did not solve the problem, even that it looks obvious, how come the ordinary professional could solve it?
Do you think that claim is sufficient?
Thanks
IP Logged
pentazole
Full Member
***




   


Posts: 197
Re: expert above ordinary skil
« Reply #1 on: Jun 20th, 2007, 2:17pm »		 Quote Quote Modify Modify
The secondary considerations support the conclusion that the present invention is nonobvious.  Specifically, long-felt need, failure of others to solve the problem, unexpected results and the commercial success of the invention are indicia of non-obviousness.  Minnesota Mining & Manufacturing Co. v. Johnson & Johnson Orthopaedics, Inc. 976 F.2d 1559, 1573, 24 U.S.P.Q.2d 1321, 1333 (Fed. Cir. 1992).
« Last Edit: Jun 20th, 2007, 2:18pm by pentazole » IP Logged
Pages: 1  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright © 2000-2004 Yet another Bulletin Board