This blog and the following three will be in regard to Patent Obviousness/Non-obviousness.
Non-obviousness is one of the examination points in getting
a patent approved and published. Non-obvious is in relation to other inventions that have
been known in the past. The invention must contain a difference that must be
non-obvious to a person of ordinary skill in the field of the invention. This
basically means that the new invention is compared to the prior art and checked
whether the differences between the two would have been obvious to a person of
ordinary skill in the art or technology referenced.
If a matching prior art lies within two or more previous
inventions, this prior art search result will be considered obvious. Once
declared obvious, the patent will not be approved. However, it is still possible to overcome obviousness rejection of the
invention with help of the practitioner.
A good example I thought was in a video I saw titled Novelty
and Non-Obviousness. The speaker gave the example of a coat hanger of smaller
size for children’s clothing. Although this could be considered a novel
invention as it fits perfectly for children’s clothing, it is not novel because
manufactures know they can make the hanger smaller, however have chosen upon a
standardized size on which to make them.
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