Search results
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. Establishing novelty was the topic of “Patents: Crossing the Novelty Threshold,” which was published in the Nov. 2015 issue of CEP (pp. 38–46).
- Stop Knocking Your Condensate Return
Steam-locking can occur if the line size is small and the...
- DNA Sequencing
DNA Sequencing - Patents: What Makes an Invention...
- Technical Entity Trends: Optimize Production Through Metabolic Engineering
Metabolic engineering techniques can be used to redirect...
- Editorial
A study by Adam Grant of Harvard Business School and his...
- CEP
CEP - Patents: What Makes an Invention Nonobvious? - AIChE
- Feeling The Pinch
These relatively simple metrics can also be used to...
- Stop Knocking Your Condensate Return
- What Does “Obvious” Mean in Patent Language?
- What Does Nonobvious Mean?
- What Makes A Claimed Invention Novel and Nonobvious?
- Can Commercial Success Prove A Nonobvious Invention?
- Can Evidence of Copying Help Show Nonobviousness?
- Need to Show That Your Invention Is Nonobvious?
The everyday colloquial use of the term “obvious” is so simple that it can be hard to define. Both dictionary.com and Merriam-Webster share a common definition of easily seen or understood. You can say that obviousness refers to something that is evident or recognizable. In the patent world, “obvious” has a particular meaning that is, frankly speak...
So does nonobvious simply mean not obvious? Yes, but its meaning is more specific with respect to patents. 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 “We...
A claim that is novel and nonobvious has overcome two hurdles. The novelty requirement is met when the claimed invention is not identical to what is described in existing prior art. The claim that meets the higher nonobviousness requirement has something further besides being nonidentical. To be nonobvious, the claim must go above and beyond a mere...
Commercial successmight be one way to show that a claimed invention is nonobvious. However, there must a be nexus between the claimed invention and evidence of commercial success. Nexus means that there is a factually and legally sufficient connection between commercial success evidence and the claimed features that make the invention nonobvious. A...
In addition to commercial success, additional secondary considerationscan help show that a claimed invention is nonobvious. Evidence of copying by competitors is another factor that can help tip the scales towards nonobviousness. While copycat evidence is generally insufficient by itself to show that an invention is not obvious, such evidence of co...
Contact US patent attorney Vic Lin by email at vlin@icaplaw.com or call (949) 223-9623to see how we can help you prevail over Section 103 obviousness rejections in your Office Action.
Oct 30, 2024 · Pre-AIA 35 U.S.C. 103 Conditions for patentability; nonobvious subject matter. (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to ...
Patent law. The inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive—i.e., non-obvious—in order to be patented. [1] In other words, " [the] nonobviousness principle asks whether the invention is an adequate distance beyond ...
Oct 18, 2024 · Perhaps the most complicated and challenging requirement for obtaining a patent is non-obviousness. It is outlined in 35 U.S.C. Section 103, and generally it requires the U.S. Patent and Trademark Office to determine whether an invention would be obvious to the typical person in the field. This means someone who has a general understanding of ...
To be granted a patent, the conditions and requirements of the title require an invention to be useful (utility), new (novelty), and not an obvious variation of what is known (non-obvious). 35 U.S.C. §101 - Utility The requirement for utility is a requirement for a specific and real world use. An invention must perform its intended purpose.
People also ask
Can a patent be nonobvious?
How do I qualify my invention as nonobvious?
Does a novel invention qualify for a patent?
What is a non-obvious invention?
Are inventions patentable?
Can a patent be refused if a new invention differs?
May 22, 2024 · A patent grants property rights to its inventor, who becomes a patent holder. This allows a person to sell, license, and police their work. In order for a patent claim to be valid, it must propose a concept, idea, or item that is “useful, novel, and non-obvious" under patent law. These terms seem vague.
