Law - Obvious to Skilled Person

Under PCT rules, an invention is unpatentable if it would have been obvious to a person skilled in the art to which the invention pertains on your PCT filing date (i.e., the relevant date of the international application). [PCT Rule 65.2 and PCT Rule 64.1].

The position of the USPTO on this issue is described in the following section(s) of the Manual of Patent Examining Procedure (MPEP):

MPEP 1878.01(a) - Prior Art under Chapter II
MPEP 1878.01(a)(2) - Inventive Step under Chapter II
MPEP 1843 - The International Search

The following MPEP sections are not directly applicable to this task. However, since PCT patentability rules are somewhat similar in concept to U.S. patentability rules (and the definitions of obviousness are very similar), they are included for general reference only. MPEP 2141 - 35 U.S.C. 103; The Graham Factual Inquiries
MPEP 2141.01 - Scope and Content of the Prior Art
MPEP 2141.01(a) - Analogous and Nonanalogous Art
MPEP 2141.02 - Differences between Prior Art and Claimed Invention
MPEP 2141.03 - Level of Ordinary Skill in the Art
MPEP 2142 - Legal Concept of Prima Facie Obviousness
MPEP 2143 - Basic Requirements of a Prima Facie Case of Obviousness
MPEP 2143.01 - Suggestion or Motivation to Modify the References
MPEP 2143.02 - Reasonable Expectation of Success is Required
MPEP 2143.03 - All Claim Limitations Must Be Taught or Suggested
MPEP 2144 - Sources of Rationale Supporting a Rejection under 35 U.S.C. 103
MPEP 2144.01 - Implicit Disclosure
MPEP 2144.02 - Reliance on Scientific Theory
MPEP 2144.03 - Reliance on Common Knowledge in the Art or "Well Known" Prior Art
MPEP 2144.04 - Legal Precedent as Source of Supporting Rationale
MPEP 2144.05 - Obviousness of Ranges
MPEP 2144.06 - Art Recognized Equivalence for the Same Purpose
MPEP 2144.07 - Art Recognized Suitability for an Intended Purpose
MPEP 2144.08 - Obviousness of Species When Prior Art Teaches Genus
MPEP 2144.09 - Close Structural Similarity between Chemical Compounds (Homologs, Analogues, Isomers)
MPEP 2145 Consideration of Applicant's Rebuttal Arguments

Return to Home