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Post Hoc Evaluations of Obviousness: Preliminary Report of an Attempt to Identify, Empirically, the Characteristics of a Superior Evaluator

By Jr Thomas G Field


Over a century and a quarter have passed since the Supreme Court in Hotchkiss v. Greenwood held that more than mere novelty is necessary to support a valid patent. Congress, after 100 years of experience with a concept which came to be called \u22invention,\u22 attempted to improve the situation by requiring that an invention not be \u22obvious\u22 if it is to be patented. It seems safe to say that in the intervening time the doctrine of non-obviousness has not developed into a foolproof yardstick for measuring the quality of cerebral or other effort necessary to make an advance over the prior art a patentable one

Topics: Intellectual Property Law, Intellectual Property Law
Publisher: NELLCO Legal Scholarship Repository
Year: 1979
OAI identifier: oai:lsr.nellco.org:piercelaw_facseries-1022
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