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The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product design and development", to achieve a proper balance between the incentive provided by the patent system, namely encouraging innovation, and its social cost, namely conferring temporary monopolies. [4]
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, 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 a person having ...
What matters is the objective reach of the claim. If the claim extends to what is obvious, it is invalid under §103. One of the ways in which a patent's subject matter can be proved obvious is by noting that there existed at the time of invention a known problem for which there was an obvious solution encompassed by the patent's claims.
A valid patent also requires a non-obvious invention. The invention must have some element of inventiveness. This concept originated in common law [citation needed] out of the notion that an invention must be inventive. [clarification needed] It is now explicitly codified in section 28.3 of the Patent Act. [18]
The legal argument that the auto industry posed in defense was that an invention is supposed to meet certain standards of originality and novelty ("flash of genius"). One of these is that it be "non-obvious". Ford claimed that the patent was invalid because Kearns's intermittent windshield wiper system had no new components (it used all "off ...
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"Dark Waters" is generating Oscar buzz — and renewed concern about potentially toxic kitchenware and other household items. The real-life story, which is in theaters now, follows Ohio attorney ...
Some countries have "working provisions" that require the invention be exploited in the jurisdiction it covers. Consequences of not working an invention vary from one country to another, ranging from revocation of the patent rights to the awarding of a compulsory license awarded by the courts to a party wishing to exploit a patented invention ...