Secondary Considerations of Nonobviousness at the PTAB: Approaches and Obstacles Before the Final Written Decision

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Review of secondary considerations of nonobviousness is mandatory in district court evaluations of obviousness.1 There’s little surprise, then, at seeing secondary consideration issues arise in inter partes review (IPR) and covered business method patent (CBM) challenges brought before the Patent Trial and Appeals Board.

Reproduced with permission from BNA's Patent, Trademark & Copyright Journal, 88 PTCJ 1493, 10/10/2014. Copyright 2014 by The Bureau of National Affairs, Inc. (800-372-1033)

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