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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 for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the CLAIMED INVENTION AS A WHOLE would have been obvious BEFORE THE EFFECTIVE FILING DATE OF THE CLAIMED ...
Although the Court confirmed that non-obviousness is a question of law, it held that §103 required a determination of the following questions of fact to resolve the issue of obviousness: Scope and content of the prior art; Differences between the claimed invention and the prior art; Level of ordinary skill in the art
Image credits: Sasha Weilbaker #3 Wetsuits. Unlike whales, beavers don’t have layers of blubber to keep them warm when they dive into chilly water. Instead, their thick fur traps air among the ...
An "invention" is obvious (and therefore ineligible for a patent) if a person of "ordinary skill" in the relevant field of technology would have thought the technology was obvious, on the filing date of the patent application. Legislatively the requirement for non-obviousness was established in the Patent Act of 1952. Specifically, 35 U.S.C ...
Thus the patentability criteria largely involves novelty, inventive step and industrial application or usability of the invention. In addition, section 3 of the Patent Act, 1970, also provides a list of non-patentable inventions for e.g. inventions that are frivolous or contrary to well established to natural laws. [8]
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