The Truth About Patent Obviousness Rejections

Will your invention be rejected for being obvious? What is obviousness in patent law? What is an obviousness rejection during the patent examination process and how to respond to obviousness rejections. The steps of the examination process are discussed including the prior art search that the examiner does on the claims to determine whether they are new and non-obvious over the prior art. I discuss what prior art is and provide an example of how two pieces of prior could be used to form an obviousness rejection. The claims of a patent application are explained along with how the examination is like a negotiation. Also, I discuss the two options for responding to obviousness rejections; namely amending the claims and/or arguing against the rejections. Examples of how to assist your patent attorney with a response are discussed along with the next steps in the examination process if you are able to overcome an obviousness rejection. Additional Patent Resources: - My best-selling book, Patents Demystified: https://amzn.to/2MX5le9 - The top book on licensing your idea or invention: https://amzn.to/3tDLSib (One Simple Idea by Stephen Key) - When to file a patent application: https://www.dwt.com/blogs/startup-law-blog/2020/08/when-to-file-startup-patent-application - Is software patentable: https://www.dwt.com/blogs/startup-law-blog/2020/11/how-to-patent-software - My appearance on CNBC’s “The Profit” with Marcus Lemonis: https://www.cnbc.com/video/2019/11/08/coco-taps-owner-reviews-their-pending-patent-with-marcus-lemonis.html Gear Used to Make This Video: Sony ZV1 Camera - https://amzn.to/3I1yNtB Limo Softbox Lights - https://amzn.to/3jrwd5K PowerDeWise Microphone - https://amzn.to/3GiI3bl ***** DISCLAIMER: Information in this video is not legal advice and should not be relied on as such. The law can change and the information in this video may be outdated, so you should always consult an attorney regarding your specific issues in view of the current state of the law. ****** 00:00 - Intro: Obviousness Standard 00:40 - Patent Attorney Dylan Adams 01:18 - 35 U.S.C. 103 01:26 - The Patent Application Process 01:49 - Novelty Standard 02:09 - What is Prior Art? 03:20 - Obviousness Standard 03:43 - Example of an Obviousness Rejection 04:34 - How Many Prior Art References Can be Used? 05:03 - Claims of a Patent Application 05:52 - Examination is Like a Negotiation 06:11 - Response: Amend the Claims 07:00 - Response: Argue Against Rejections 07:58 - Helping With A Response 08:55 - Next Steps in Examination 09:49 - Outro