Flash Of Genius

Flash Of Genius

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The flash of genius test was eventually rejected by the 1952 patent statute's Section 103 standard of non-obviousness: "Patentability shall not be negatived by the manner in which the invention was made." Many decades later, the United States Court of Appeals for the Federal Circuit stated that this portion of Section 103 was enacted expressly to overrule the flash of genius test from Cuno.




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