Can a claim be obvious using “common sense” or “ordinary creativity?” DDS v. Apple

IPR PTABCast: DSS Technology v. Apple


Summary: ​​ Can a claim be obvious using “common sense” or “ordinary creativity?"

No! Common sense or ordinary creativity cannot substitute for reasoned analysis and evidence! This puts a bar, albeit a low bar, on the PTO’s ability to waive their hands and find patent claims obvious. Listen to Craige explain how Apple and the PTO could not get over this bar to invalidate an early “IOT” claim.


Questions? If you would like to get your patent questions answered and be part of the show, Thompson Patent Law has a LIVE complimentary webinar called Ask The Patent Attorney.  Call the number below and reserve your spot in this LIVE teaching event.

profile-pic
Gregory Wald Attorney

Great depth of knowledge in patent law

I endorse this Craige Thompson. He has great depth of knowledge in patent law. I would not hesitate to have him represent me in a patent matter.