childofgod5344
New member
@christopher11 a good way to prove non-obviousness is to teach away.
example: prior art is a revolver firearm
your inventions: utility patent - a firearm that when triggered, all remaining bullets held by that firearm fall to the floor. (this teaches away from the traditional firearm because firearms were made for self defense. therefore if a user is defending themselves, they would not want the bullets in their firearm falling out after the trigger is pulled once.
design patent - a barrel that is curved upwards to face the user (this teaches away from the prior art because firearms are used for self defense. one would not make a firearm with the curved barrel as shown in the design patent because they would not be able to defend themselves in case the user was being threatened or in danger. instead, the user would simply have a regular firearm and point it at themselves directly besides making a firearm with a curved barrel.
You have to provide an articulated reasoning with a rationale underpinning one why a skilled artisan would not have found your claimed invention obvious (KSR TEST). A great way to pass the KSR test is to prove your invention TEACHES away (is a departure) from the prior art.
given the examples, one would say "both of those ideas are stupid, WHY WOULD ANYBODY..." stop it there. ding ding ding. those are the magic words. "why would anybody". that is when you probably have something that can pass the obvious analysis in patentability.
example: prior art is a revolver firearm
your inventions: utility patent - a firearm that when triggered, all remaining bullets held by that firearm fall to the floor. (this teaches away from the traditional firearm because firearms were made for self defense. therefore if a user is defending themselves, they would not want the bullets in their firearm falling out after the trigger is pulled once.
design patent - a barrel that is curved upwards to face the user (this teaches away from the prior art because firearms are used for self defense. one would not make a firearm with the curved barrel as shown in the design patent because they would not be able to defend themselves in case the user was being threatened or in danger. instead, the user would simply have a regular firearm and point it at themselves directly besides making a firearm with a curved barrel.
You have to provide an articulated reasoning with a rationale underpinning one why a skilled artisan would not have found your claimed invention obvious (KSR TEST). A great way to pass the KSR test is to prove your invention TEACHES away (is a departure) from the prior art.
given the examples, one would say "both of those ideas are stupid, WHY WOULD ANYBODY..." stop it there. ding ding ding. those are the magic words. "why would anybody". that is when you probably have something that can pass the obvious analysis in patentability.