If a person of ordinary skill in the field of your invention would not have been able to think of or make the invention by looking at the available public information, your invention will probably be considered to be nonobvious.
The USPTO considers all relevant public information that was available before your invention was made. The relevance of the information does not have to be directly related to the industry of your invention. For example, if you invented a type of briefcase, you would not only look at information and knowledge of briefcases, but also clasps, hinges, and other things that have similar qualities and problems as the briefcase.
A person having ordinary skill in the art of the invention is someone who deals frequently with the issues the invention tries to solve. The inventor¿s skill is not relevant to what the ordinary skill is. For example, if an inventor is new to the field or not familiar with its issues, it might take tremendous insight for him to create an invention that was obvious to a person of ordinary skill in the art. Several factors are used to determine the ordinary level of skill in the field, including:
Courts have considered several other factors when deciding whether or not an invention was obvious.
If you are considering filing for a patent on your invention and are concerned about the requirement of nonobviousness, you may want to contact an intellectual property lawyer to clarify some of the complex issues related to the patent process.
Last Modified: 06-26-2018 01:28 AM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.