Inherency in Obviousness-A Worrying Trend?

摘要

The Federal Circuit has repeatedly stated that inherent obviousness is a narrow doctrine. Parties attempting to advance this argument must therefore satisfy the strict standards in the case law. An inherent limitation must necessarily be present in the combination of references. It is not enough to merely show that it is likely to be present Moreover, inherent properties of a new combination are only unpatentable if those properties were not unexpected at the time of the invention. While certain types of patent claims are susceptible to inherent obviousness arguments, such as those reciting blood plasma concentrations associated with certain pharmaceutical formulations, further expansion of the doctrine appears unlikely.