Describe the requirements for patentability and what is ...

[Mimi]

Describe the requirements for patentability and what is considered non-obvious.
 
  What will be an ideal response?

Question 2

Which of the following situations would not result in disciplinary action against an attorney?
 
  A. Committing an act involving moral turpitude, even though the act is not a crime
  B. Being a member of the Communist Party
  C. Letting someone else use his/her name as an attorney
  D. Appearing in court on behalf of a client without the client's authority
  E. None of the above

[Dnite]

Answer to Question 1

To receive a patent, the inventor must invent a new or useful process. The test of nonobviousness is whether the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. In Graham v. John Deere Co., 383 U.S. 1, 17-18, 86 S.Ct. 684, 15 L.Ed.2d 545 (1966), the U.S. Supreme Court set forth the non-obvious factors: (1) the scope and content of the prior art, (2) the differences between the prior art and the claims, (3) the level of ordinary skill in the relevant art, and (4) any objective indicia of non-obviousness such as commercial success, long felt need, and failure of others.

Answer to Question 2

A

[Mimi]

Thanks for the timely response, appreciate it

[Sarahjh]

Excellent