What is the TSM test?
TSM test is the Teaching, Suggestion and Motivation test. It simply means, when analysing the obviousness of an invention while comparing it with prior art, these are the three questions that have to be asked: Is the prior art quoted instrumental in teaching the reader the method of producing the invention?
How do you argue 103 rejection?
Another way of arguing against a Section 103 rejection is to analyze the prior art references closely and find a reason why there would be no motivation to combine the references as suggested by the examiner.
How do you respond to obviousness rejection?
You should challenge any conclusion of obviousness that does not explain how the problem was known in the field or how the prior art or other relevant evidence suggested the solution. Be aware that even if the prior art clearly recognized the problem, it may not have suggested the solution.
What is a prima facie case of obviousness?
The legal concept of prima facie obviousness is a procedural tool of examination which applies broadly to all arts. It allocates who has the burden of going forward with production of evidence in each step of the examination process.
Can you swear behind a 102 reference?
Applications and patents that fall under the pre-AIA version of 35 USC § 102 can disqualify a reference that is not a statutory bar under § 102(b) by proving an earlier date of invention.
How do you argue a 102 rejection?
The three main ways to overcome a 35 UCS 102 rejection include 1) invalidating the prior art, 2) arguing the prior art doesn’t teach the claimed limitation, 3) amending the claims. As a patent attorney, I prefer to try to overcome the prior art in the preceding order. 1) Invalidating the prior art.
What is an obviousness rejection?
In order for a patent application to be rejected on obviousness grounds, the examiner must believe that the invention would have been obvious to someone of ordinary skill in the art at the time that the application was filed.
Is obviousness a question of law?
The Supreme Court has told us that obviousness in patent cases is a question of law, based on underlying findings of fact.
How do you rebut a prima facie case?
One of the ways to rebut a prima facie case of obviousness would be to find evidence in the cited prior art references that discourages or dissuades others from arriving at the invention.
Can prima facie evidence be rebutted?
A prima facie case is the establishment of a legally required rebuttable presumption. A prima facie case is a cause of action or defense that is sufficiently established by a party’s evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party.
When can you swear behind a reference?
To “swear behind” a reference in this manner, the patent owner must prove (1) a conception and reduction to practice before the critical date of the reference, or (2) a conception before the critical date combined with diligence and reduction to practice after that date.
What can invalidate a patent?
Five Approaches to Invalidate A Patent
- Prior Art. While there are several ways to invalidate a patent, the most frequent method is to attempt to locate prior art for the claimed invention.
- Proof of Sale or Public Use.
- Improper Formation.
- Inventor’s Oath.
- Break in Priority Chain.
What does obviousness mean?
of being easy to see and understand
Definitions of obviousness. the property of being easy to see and understand. synonyms: noticeability, noticeableness, patency. types: apparency, apparentness. the property of being apparent.
How do you determine obviousness?
In the Graham case, the Supreme Court established factors to be considered when making an obviousness determination: (1) the scope and content of the prior art; (2) the level of skill of a person of ordinary skill in the art; (3) the differences between the claimed invention and the teachings of the prior art; and (4) …
How do you overcome an 112 B rejection?
A Section 112 rejection in a patent Office Action means that the examiner considers certain claim language indefinite. The good news is that, in most cases, indefiniteness under Section 112 may be resolved by a fairly simple response correcting whatever objections raised by the examiner.
Can I get a job with prima facie?
There are several categories of prima facie discrimination. Employers are forbidden from discriminating against workers or applicants because of their race, age, national origin, sex, disability, pregnancy and others.