{"id":3995,"date":"2022-01-05T17:41:54","date_gmt":"2022-01-05T17:41:54","guid":{"rendered":"https:\/\/omnilegalgroup.com\/blog\/?p=3995"},"modified":"2023-07-12T11:10:32","modified_gmt":"2023-07-12T11:10:32","slug":"patent-nonobvious-requirements","status":"publish","type":"post","link":"https:\/\/omnilegalgroup.com\/blog\/patent-nonobvious-requirements\/","title":{"rendered":"Is inventing something novel sufficient to be granted a patent?"},"content":{"rendered":"

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Non-obvious Requirement for U.S. Patents<\/strong><\/h2>\n

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<\/a> 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.<\/p>\n

Novelty Requirement<\/strong><\/h3>\n

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 \u201cprior art\u201d.<\/p>\n

Non-obvious Requirement<\/strong><\/h3>\n

When you apply for a patent, the USPTO<\/a> 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.<\/p>\n

How does the USPTO determine nonobviousness?<\/strong><\/h3>\n

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:<\/p>\n