Possible Limit on the Use of “Common Sense” to Invalidate a Patent Claim for Obviousness Based on a Single Reference

Originally published by Carstens & Cahoon LLP.

The law regarding obviousness, like a pendulum, has swung over time between favorable to unfavorable positions depending upon one’s perspective.  In 1952, the requirement that an invention be “nonobvious” was codified in Section 103 of the Patent Act.  In 1966, the Supreme Court issued its seminal decision in Graham v. John Deere 383 U.S. 1 […]

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