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Articles

"Obviously" a Challenge: Patent Survival Statistics & Tips

October 1, 2009

Articles

"Obviously" a Challenge: Patent Survival Statistics & Tips

October 1, 2009

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Carlson Chang Article, Industrial Biotechnology Fall 2009

Patents are a key to product life cycle management.  Successfully using patents to extend a product line often boils down to the legal question of obviousness.  This is because an attempt to patent a modified technology is likely to be faced with the question of whether the newly proposed claims are “obvious” in light of the prior technology.  What it takes to make a modification “nonobvious” over the prior art is one of the most important legal questions facing pioneering companies.  It is the key to product life cycle management.  And it is not an easy question.

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