Obviousness Statements of Law

Summary

This practice note provides statements of law describing the legal principles that guide the analysis of whether utility patent claims are invalid as obvious under 35 U.S.C. § 103. These statements of law may be used in briefs, opinion letters, and expert reports that address obviousness. They also serve as a starting point for further legal research on specific obviousness issues. Also, the statements of law are a useful reference for patent prosecutors when preparing a response to a patent examiner's rejection of a pending patent claim based on obviousness.