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« Oil States Energy Services, LLC. v. Greene's Energy Group, LLC (2018) | Main | USPTO Issues Guidance on Supreme Court Ruling in SAS v. Iancu »

April 25, 2018

Comments

I think this is a wonderful topic.

Under 35 USC 103, we can dispense with Graham/KSR. The key question now is:

Would the claimed subject matter have been obvious to a thoughtful American cockroach?

Adjudication of inventive step in future years can be expected to be greatly simplified. And the thoughtful cockroach is a character that can be invoked in many aspects of patent law, and possibly more general law.

For the squeamish, we did consider posting this cartoon (https://thumb101.shutterstock.com/display_pic_with_logo/1058333/203755297/stock-vector-vector-illustration-of-cartoon-cockroach-203755297.jpg) rather than the actual picture (but with a link to the actual picture from the paper now shown with the post). But scientific accuracy won the day; apologies to anyone who would rather not see this image with their morning coffee.

Don't diss the roach, Paul!

The comments to this entry are closed.

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