Non Obvious: A Key Concept in Patent Law Explained

Q: How is non-obviousness determined?

It is determined by evaluating whether the invention provides new and unexpected results that cannot be easily inferred from existing knowledge.

Q: Can improvements on existing inventions be non-obvious?

Yes, improvements can be considered non-obvious if they provide significant advantages that are not apparent from prior art.

Definition & Meaning

The term non-obvious refers to a crucial requirement in United States patent law. For an invention to be eligible for a patent, it must not be obvious to someone with ordinary skill in the relevant field. This means that the invention should provide a new and unexpected result that cannot be easily deduced from existing knowledge or techniques. Essentially, if a person skilled in the art cannot arrive at the invention using the same methods, it is considered non-obvious.

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Legal Use & context

The concept of non-obviousness is primarily used in the field of intellectual property law, specifically in patent applications. It plays a significant role in determining whether an invention can be patented. Legal practitioners assess whether the invention meets this criterion during the patent examination process. Users can manage their patent applications with the right tools, such as legal templates provided by US Legal Forms, which are drafted by experienced attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A new type of biodegradable plastic that decomposes faster than existing options could be considered non-obvious because it provides a unique solution to waste management that is not apparent from current materials.

Example 2: A method for creating a specific type of drug that combines two known compounds in a novel way, resulting in a significantly more effective treatment (hypothetical example).

Comparison with related terms

Term	Definition	Difference
Obvious	Something easily deduced or known.	Non-obvious means it cannot be easily deduced.
Novelty	Refers to the newness of an invention.	Non-obviousness is a separate requirement from novelty.

Common misunderstandings

What to do if this term applies to you

If you believe you have a non-obvious invention, consider documenting your invention process thoroughly. You may want to consult with a patent attorney to assess the patentability of your invention. Additionally, explore US Legal Forms for ready-to-use legal templates that can assist you in filing a patent application.

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Quick facts

Non-obviousness is a requirement for patentability.
It applies to all fields of invention.
No specific fees are associated with non-obviousness; costs arise from the patent application process.

Key takeaways

Frequently asked questions

What does non-obvious mean in patent law?

Non-obvious refers to a requirement that an invention must meet to be patentable, indicating that it is not easily deduced by someone skilled in the field.