Prior Art, Obviousness, and the America Invents Act in 2012


PLI New York Center
810 Seventh Avenue at 53rd Street (21st floor)
New York, New York 10019

Date & Time

Start Date: 06/04/2012


Patent reform has arrived: what will be its impact on those touchstones of patentability, prior art and obviousness? 102 was already a complicated concept for patent practitioners, having undergone evolving interpretations in the PTO and CAFC. How will the AIA now complicate matters further? How does the concept of “prior art” and circumstance collide in the 21st century? How does prior art on the web impact the practice? What is truly enabled? This program will allow you to obtain an essential working understanding of this complicated statute, including recent re-interpretations, case law, and a look at the statutory revisions. Meanwhile, obviousness, the most common reason any application is rejected or patent held invalid, is changing as a result of KSR (already 5 years old). Explore 103 from inside and outside the PTO as both the CAFC and PTO try to shoehorn their past decisions into a KSR pigeonhole!


Carl Wischhusen