The Inventive Step (RCTA)

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In a footnote to Lyon v. Bausch & Lomb, 224 F.2d 530 (1955), the Court notes, “[P]atentability as to this requirement is not to be negatived by the manner in which the invention was made, that is, it is immaterial whether it resulted from long toil and experimentation or from a flash of genius.” Nonobviousness is not limited by the moment of invention. All other things being equal, an invention born of a “eureka moment” is as patentable as one birthed through years of careful experimentation and refinement.