Did you know that the examiner bears the initial burden of proving a prima facie case of obviousness? You, the applicant, do not have any duty or burden to prove nonobviousness. Therefore, initially, the applicant has no obligation to present any secondary evidence of nonobviousness. It is only when the examiner has proven a prima facie case of obviousness that the burden shifts to the applicant.
Recent Posts
- Other Barks & Bites for Friday, November 7: CJEU Action Against EU Commission Referred Over SEP Regulation; Ninth Circuit Affirms CoComelon Copyright Win; and C4IP Urges USTR to Address IP Concerns in USMCA Joint Review
- Mixed UK High Court Ruling Fails to Answer Fundamental Questions of AI Copyright Infringement
- Professors Press SCOTUS to Affirm Copyright Protection for AI-Created Works
- Squires Emphasizes AI, Dubs Inherited Backlog ‘An Absolute Dumpster Fire’ and a ‘Betrayal’
- Federal Circuit Clarifies Precedent on Pre-AIA Prior Art ‘By Another’
