I have a question regarding earlier-filed but later-published applications.
According to the new U.S. Patent Law signed September 16, 2011, the contents of an earlier filed but later published application (including a PCT application designating the US) will be a bar to patenting for lack of novelty AND obviousness as of its priority date.
I am familiar with the novelty requirement regarding earlier-filed (but not public) applications, but is the obviousness requirement definitely also there??
Thank you,
According to the new U.S. Patent Law signed September 16, 2011, the contents of an earlier filed but later published application (including a PCT application designating the US) will be a bar to patenting for lack of novelty AND obviousness as of its priority date.
I am familiar with the novelty requirement regarding earlier-filed (but not public) applications, but is the obviousness requirement definitely also there??
Thank you,