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Author Topic: Is there a general 'recipe' to overcome a lack of non-obviousness?  (Read 773 times)

Patentstudent

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Let's assume that we have developed an improved chair.
However, the improvements are not likely to be considered non-obvious.
Is there a general 'trick' or 'recipe' to prevent a rejection based on lack of non-obviousness? 

Of course, we donít want to add non-obvious features that are not required for the intended use of the chair and hence donít have any added value in terms of real protection of our improved chair concept.

Thank you in advance. 
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NJ Patent1

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I'm not aware of any "tricks" here. I guess that the "recipe" would be to have a novel element or combination of known elements arranged in a non-obvious way that produces an unexpected result.  I think it is the combination / arrangement, not the "improvements", that must be non-obvious.  A chair that's no better than known chairs can still be patentable.   
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NJ Patent1

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On further though, one "trick" might be to show that the (modestly) improved chair filled a long felt need.
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lazyexaminer

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Yeah, if your invention is "not likely to be considered non-obvious" based on the prior art, it seems the only "trick" is to rely on secondary considerations/objective indicia or whatever you want to call them. Your mileage will vary greatly depending on the examiner you draw.
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I'm not your examiner, I'm not your lawyer, and I'm speaking only for myself, not for the USPTO.

Patentstudent

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NJ Patent1 and lazyexaminer, thank you for your suggestions.
This is very helpful.
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