Prior art at cross-purposes to the invention. Do not fall for the teaching away trap – read about another approach for combating obviousness at the USPTO.

How to thread the need between avoiding incomplete arguments that merely parrot the claims, and improper arguments that rely on features not present in the claims.

If an examiner take logically inconsistent rejections, an applicant must address them both on appeal and cannot rely on the inconsistency itself.

Disclosure of a parameter in the cited art may or may not be because the art recognizes its effect on a desired result. Make sure to evaluate whether the evidence establishes a reason to optimize the parameter to a particular range or value when an examiner relies on MPEP 2144.05.II.A.

Patent practitioners are well aware of the importance of a thorough written description under 35 USC Section 112. However, when it comes to AI inventions, ensuring that all aspects of an algorithm are sufficiently described can be particularly critical. A recent PTAB decision involving Microsoft’s attempt to patent certain AI algorithms for LinkedIn serves as…

In a case involving burrito-making technology, the PTAB highlights significant flaws in an examiner’s reliance on a per se obviousness rule involving the rearrangement of parts. Examiners must establish both factual similarity and motivation without hindsight to justify a rejection based on this doctrine.

When dealing with an obviousness rejection that may be based on something beyond that supported by the evidence, consider structuring the arguments as illustrated in this recent PTAB case for a Bosch invention on vehicle brakes.

Protecting accessory innovations can present unique challenges. Read about a recent PTAB case to see how these issues play out. What strategies do you use to protect accessory innovations?

Discover how an examiner’s fake problem led to a flawed 35 USC § 103 rejection. Learn to spot and challenge improper motivations to combine references in the latest blog post.

Getting the right interpretation can be tricky. Read about a PTAB case on what was intended by a p[anar top.