Non-obviousness (patent)

Non-obviousness is term used in US patent law to describe one of the three requirements that an invention must meet to qualify for patentability. One of the main requirements of patentability is that the invention being patented is not obvious, meaning that a "person having ordinary skill in the art" would not know how to solve the problem at which the invention is directed by using exactly the same mechanism. The Graham Factor, shown below, are used by a Court to determine if the claimed invention is nonobvious.

Related Topics:
US - Patent - Law - Invention - Patentability - Person having ordinary skill in the art - Claim

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For example, in a recent case, Smuckers attempted to patent peanut butter and jelly sandwiches with crimped edges instead of crusts. This invention was challenged in court, and the court ruled that the crimping method, which was essentially the same as that used for ravioli, was an obvious means of protecting the contents of the sandwich. The patent was therefore voided for failing the nonobviousness test.

Related Topics:
Smuckers - Peanut butter and jelly sandwich - Court - Ravioli

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Further, the combination of previously known elements can be considered obvious. As stated by Winner Int'l Royalty Corp. v. Wang, 2002 F.3d. 1340, 1348 (Fed. Cir. 2000), here must be a suggestion or teaching in the prior art to combine elements shown in the prior art in order to find a patent obvious. Thus, in general the critical inquiry is whether there is something in the prior art to suggest the desirability, and thus the nonobvious nature, of the combination of previously known elements.

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Inventive step requires a similar analysis under European Patent law.

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