Routine Optimization, Result-Effective Variables and Obviousness of Patent Claims

Intellectual Property Partner Charles Weiss published an article in the New York Law Journal discussing routine optimization in patent eligibility cases. Routine optimization is an approach to obviousness when the gap between the prior art and the claim appears to be one that the hypothetical person of ordinary skill in the art would necessarily bridge in the ordinary course of development. In this article, Mr. Weiss outlines the origin of routine optimization and describes how it is used in litigation. He also offers considerations when facing or presenting routine optimization challenges.

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