Critically evaluate the factors listed by Laddie J as relevant to deciding whether a claimed invention is obvious to a person skilled in the relevant art. How have they stood the test of time since Haberman v Jackal? Laddie J specifically noted that this list was non-exhaustive. Can you suggest other factors which might reasonably be added to the list?
he real problem to be solved thereby,
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(2) how long this problem existed,
(3) the significance of problem with regard to commercial benefits and the efforts that have to be made to provide the solution,
(4) the publicity of the problem and popularity in society to solve it,
(5) what kind of prior art can be deemed to have been known, and how established was the degree of awareness of said knowledge to those that can be expected to be involved to solve the problem,
(6) what kind solutions to the same problem (forefront or not) and how close were those to inventive solution at the time to publication of the subject matter, (7) …
provided the ratio. In the cases of Grimme[9], and in particular in Schlumberger[10], the time factor and the long-felt-want in combination with the lack of awareness for the skilled man and the discarded prior art in the industry in accordance with factors (2), (4), (5) played a crucial role for the reasoning leading those decisions. In Virgin[11] the driving factor was that the solution was a forefront development in the industry as set out in factor (6).
In Wake Forest University[12] factors (5) and (7) were the base for the court?s decision. However, based on decision solely argued on the factor (8) have not been monitored and thus, factors (3) and (8) are so-called secondary indicia which indicate or underline factors (2), (4
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