In this video the lawyer explains why obviousness is so important and the specific steps one should take to protect their patent, so that it is not see as obvious.
He begins the video by discussing the new board that is put in place to determine obviousness. He suggests to find information and seek expert advice prior to any case or need to prove that a patent is non-obvious as apparently the new system will be moving very quickly. By very quickly he means that you will have less than 12 months to submit your case for why your patent is in fact non-obvious when challenged which seems like a significant enough amount of time to me, but is apparently relatively short for a legal procedure of this kind.
After that he discusses looking at the precedents of the appeals court specifically regarding your case to attempt to show that your invention is non obvious. If in fact you are unlucky enough to have your patent ruled obvious then you have the choice and ability to appeal it, but once again you should have all of your information and proof and expert advice before hand as once again this process moves quickly.
Overall I thought this specific Youtube video seemed quite obvious in regards to how to prepare a case, but apparently many people do not do this as the board for reassessing patent obviousness is a relatively new establishment and apparently this process of having you non-obvious case ready was not really required prior to recent times.
No comments:
Post a Comment