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- In simple terms, it means that if your invention is too obvious - if someone with an average level of skill in the relevant field would find it easy to come up with - then it's not deserving of a patent. This standard is necessary because patents are awarded to encourage creativity and innovation, which drives progress forward.
www.edwhitelaw.com/blog/what-is-obviousness-in-patent-law-and-why-is-it-important
Jul 26, 2023 · Obviousness is a crucial aspect of patent law that refers to the level of inventiveness of a patented invention. In simple terms, it means that if your invention is too obvious - if someone with an average level of skill in the relevant field would find it easy to come up with - then it's not deserving of a patent.
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Obviousness: To be patentable, an invention must be unobvious: section 28.3 of the Patent Act. Relevant date: The claimed subject-matter must not have been obvious on the claim date: section 28.3 of the Patent Act. Four-step approach: The approach for assessing obviousness has four steps (Sanofi):
Sep 12, 2023 · Learn how to challenge patent validity and understand 'obviousness.' Get insights on key factors and expert evidence in this informative article.
Oct 30, 2024 · An invention that would have been obvious to a person of ordinary skill at the relevant time is not patentable. See 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a).
In making such a rejection, the examiner states that a person skilled in the art would have found it obvious to modify the teachings of the cited prior art references to achieve the claimed invention. There are several ways to overcome this type of obviousness rejection.
An invention is declared as obvious if the differences between the claims and the prior art (s) are apparent to a person with ordinary skill at the time of filing of the patent application. In short, if an invention is obvious to an average person, it cannot be patented.
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Mar 26, 2024 · The US Patent and Trademark Office (USPTO) recently updated its guidance for patent examiners and applicants in determining obviousness under 35 USC § 103, based on the US Supreme Court’s ruling in KSR Int’l Co. v. Teleflex Inc., 550 US 398 (2007).
