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Learn strategies that have and can be used to qualify your invention as nonobvious. An invention must be both novel and nonobvious to qualify for a patent. Of these two requirements, novelty is the threshold: An invention must be novel before nonobviousness can be considered.
- How Different Does It Need to be?
- What Does Non-Obvious Mean?
- Where Patenting Gets Confusing
The short answer is, there are three requirements for how distinctive an invention must be to be patented. Specifically, your invention must be novel (or unique), useful, and non-obvious. Business owners, inventors, and entrepreneurs often get hung up on the idea that their invention must be non-obvious.
Even if your invention is novel (or unique), it needs to have something different about it to be non-obvious. If someone can say “that’s something I could have done, I just haven’t done it yet,” then it may not be patentable. For example, let’s say your idea was to make “kid-sized” clothes hangers. While hangers in a smaller size may be new, clothi...
To get your invention patented, it must be both novel and non-obvious. There can be (and often are) differing opinions about what is and what isn’t obvious. Because of this, to the untrained eye, patentability can be confusing. To determine if your invention is non-obvious, and move past some of the confusion, you must first examine the closest alr...
The non-obviousness standard is intended to encourage genuine innovation by ensuring that only truly inventive ideas receive patent protection. An invention can still be considered non-obvious even if it combines known elements in a novel way or improves upon existing technology.
Patent nonobviousness is all about the degree or sufficiency of “newness” in an invention. A nonobvious invention is one that is more unique, more different, more improved, more special. Nonobvious inventions should not cause others to say “Well, of course” or “Duh, anyone could’ve made that change.”
The United States Patent Office (USPTO) grants patents to inventions that meet three main criteria: The invention must be novel, non-obvious, and useful. To be novel, an invention must be substantially different from anything else that is public knowledge.
Jul 26, 2023 · Understanding the concept of obviousness in patent law is crucial for inventors aiming to protect their creations legally. To increase the chances of obtaining a patent, it's a good idea to familiarize yourself with the prior art and ensure that your invention is genuinely innovative, non-obvious, and not just an incremental improvement on what ...
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Sep 21, 2017 · The United States Patent Office (USPTO) grants patents to inventions that meet three main criteria. The invention must be novel, nonobvious, and useful. To be novel, an invention must be...
