- Obviousness is a vital part of the patent system, as it is one specific thing that every inventor must overcome. The invention cannot be obvious, or common knowledge. There must be something proprietary about the patent.
- Obviousness is used to allow technological evolution to occur because if patents oversaturate a market, innovators are often deterred from entering the field due to a higher chance of infringements.
- Non-obvious means that someone who has ordinary skills in the art would not have thought of the given invention.
- Non-obviousness also characterizes an invention that is proprietary and that has been deemed worthy of receiving a patent.
- In order to fully analyze obviousness, prior art must also be analyzed in order to determine a proper scope.
- In addition, differences between the invention in question and the prior art must be identified.
- When determining obviousness, the level of non-technical skill in the patent in question must be agreed upon.
- Although obviousness is pertinent to patent, there remains much debate on what fully determines what is patentable.
- The Supreme Court qualifies obviousness with "A person of ordinary skill in the art is also a person or ordinary creativity, not a automaton."
- If something is considered "Obvious to Try," it can also be considered obvious based on its anticipation, common sense, familiarity, or predictability of the results.
Friday, March 13, 2015
Obviousness Part 1
I will be discussing obviousness and how it relates to patents in general, summarizing it into 10 key points...
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Matt,
ReplyDeleteI really liked the format on this post. The list of the non-obviousness really clarifies, cuts through, and captures the essence of what it is all about. Non-obviousness as a concept is quite hard to grasp as it is very vague but you laid the points out nicely.
Cheers