Dr Malcolm AbelPatent Validity and the Obviousness Standard of Proof
A claim under patent law is obvious and invalid when the difference between the claim and the prior art is obvious to a person of ordinary skill. The test for obviousness has generally required the ordinarily motivated person to combine prior art in the particular manner claimed in the patent application. This paper examines the proper test for the obviousness of ordinary skill in the relevant art and design necessary to deny a patent or to challenge a patent already granted.
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