IP lawyer: Common-sense patent law – fact or legal fiction?

By Lawrence M Sung

The latest in a string of decisions of the Court of Appeals for the Federal Circuit regarding patent rights raises questions about the role of common sense in obviousness analysis

The innovation quotient of the US patent system depends on the integrity of the grant of valid patent claims and their enforcement. This falls short where the US Patent and Trademark Office (USPTO) allows claims whose illegitimacy must be tested in federal courts, which have less patent familiarity. The America Invents Act of 2011 sought to ameliorate this dichotomy by outfitting the USPTO with a robust review of its own patent-granting decisions through the creation of the Patent Trial and Appeal Board (PTAB). Further, this design came armed with a new procedure known as inter partes review: an enhanced vehicle for third-party challenges to granted patents.

Want to read more?

Register to access two of our subscriber-only articles per month

Subscribe for unlimited access to articles, in-depth analysis and research from the IAM experts

Already registered? Log in

What our customers are saying

Your magazine is great; a timely and eminently worthwhile read.

Mark S Holmes
Chief executive officer
PatentBridge LLC


Subscribe to receive access to the full range of premium business intelligence, insights and analysis, as well as our IP directories, guides and daily news.

Why subscribe?


Register for more free content

  • Read more IAM blogs and articles
  • Receive the editor's weekly review by email
Register now  
Issue 91