Non-obvious Requirement for U.S. Patents
You might be tempted to rush to the patent office when you have invented something new, but you should not be too quick to do so until you are sure that your invention meets all the requirements for patentability. To patent your new invention, the USPTO has five requirements. The invention must be patentable, useful, new, non-obvious, and adequately described or enabled so that a person of ordinary skill in the field can use the invention. In a world where it seems like every useful thing has been invented, it is always exciting when an inventor comes up with something new. But inventing something new is not enough for a patent. It must also be non-obvious, a higher bar, to be patentable.
Novelty Requirement
The novelty requirement prohibits the registration of any invention that was previously patented, described in a printed publication, offered for sale, or made available to the public before the filing of a patent application. It also excludes any invention that was included in a prior patent application. These inventions are known as “prior art”.
Non-obvious Requirement
When you apply for a patent, the USPTO conducts a search of existing patents to ensure that your invention is truly different from any previous inventions. Whether the subject matter of an existing patent is in public use or not will not matter. What matters are the differences between the new invention and any existing prior art. If the new invention is something that would have been obvious to a person with ordinary skill in the same field, then it is obvious.
How does the USPTO determine nonobviousness?
Ultimately, the examiners at the USPTO make a decision as to the patentability of an invention, but it helps to have an idea of what they expect. As already mentioned, if the invention is something that is allowed to be patented, the USPTO examiners will consider its novelty, usefulness, and nonobviousness. To determine whether the new invention would have been obvious to a person of ordinary skill in the relevant field, they consider three factors:
- the scope and content of the prior art;
- differences between the prior art and the new invention; and
- the level of ordinary skill in the relevant field.
When obviousness is considered, the test is not what would be obvious to a layperson, but rather to one who is reasonably skilled in the relevant field.
Take Action by Contacting an Experienced Patent Attorney in Los Angeles Today
What is obvious is often subjective and will depend on the facts of every application. Hence, it can be difficult to determine whether or not your invention will pass the non-obviousness test. Our highly reputable patent attorneys in Los Angeles at Omni Legal Group can help you determine whether your invention meets this crucial requirement of patentability. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.