Comparing and Contrasting European 2-part claims with US Jepson claims
European practice requires a strict distribution of the features before and after "characterizing", where those prior art features that are common with the definition of the invention must be included...
View ArticleThe quest for patent quality: European inventive step and US obviousness
In Europe and the US, patentability depends on a showing of inventiveness that is based on similar legal requirements but practice differs substantially and the resulting patent quality varies... At...
View ArticleCould or should the USPTO adopt the EPO problem-and-solution approach for...
There is a plausible case that the US law on obviousness is indeed compatible with the EPO problem-and-solution approach. It could even be said that the steps of the problem-and-solution approach...
View ArticleFlexible problem-solution analysis for drafters with Europe in mind
The problem-solution paradigm has become a cornerstone of patentability in Europe. If the invention cannot be reduced to the format of a technical solution to a technical problem, this could be a sign...
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