Executive Summary1 min read
Key Takeaways
- The episode addresses whether a patent claim can be found obvious based on ‘common sense’ or ‘ordinary creativity’ alone—the answer given is no.
- Common sense or ordinary creativity cannot substitute for reasoned analysis and evidence when the Patent Office tries to invalidate a claim as obvious.
- This sets a (low) bar limiting the PTO’s ability to wave away patent claims as obvious without real analytical support.
- The episode discusses how Apple and the PTO were unable to clear this bar in an attempt to invalidate an early ‘IoT’ (Internet of Things) patent claim.
The Bottom Line: Patent claims cannot be invalidated as ‘obvious’ merely by invoking common sense or ordinary creativity—the Patent Office must provide reasoned analysis and evidence, a standard that reportedly protected an early IoT patent claim from invalidation by 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.
