today I am going to talk about obviousness as it is important part of patent process.
In order to see whether patent claims can likely be obtained, it has to go through the patentability requirements, which are:
- Subject matter requirement
- Written description (enablement)
- Utility
- Novelty
- NON-OBVIOUSNESS
Unfortunately, the law of obviousness can be quite difficult and picky to understand, so I will try my best to concisely yet thoroughly explain what obviousness is in terms of patent process.
Unlike novelty requirement, non-obviousness requirement looks at multiple pieces of prior art.
Non-obvious simply means that an ordinary person having ordinary skills in particular field or art would not have easily thought of it given the prior art.
To step-by-step show you guys the list of requirements of determining whether an innovation is obvious:
- Analyze the content of the prior art
- Thoroughly go through the differences between the claimed invention and the prior art
- Check the level of ordinary skill in the pertinent art
- Ascertain objective indicia of non-obviousness
Although this step-by-step procedure seem simple and easy to go through, it is in fact very difficult.
Hey Tiffany! I really like how you laid out the basic requirements of patentability, and I thought the way that you bold certain words in your post definitely made them stand out to the readers. Fantastic job!
ReplyDeleteTiffany good post. I thought this was well organized how you didn't just explain obviousness, but you explain it in context of the patent process. I do wish you went a little more in depth into the intricacies of obviousness, but overall good job.
ReplyDeleteI like how you made sure to also suggest an improvement. I agree she had simple but effective organization.
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