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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 result is called "folklore" if it is non-obvious and non-published, yet generally known to the specialists within a field. In many scenarios, it is unclear as to who first obtained the result, though if the result is significant, it may eventually find its way into the textbooks, whereupon it ceases to be folklore.
Since the PHOSITA standard turned to be too ambiguous in practice, the U.S. Supreme Court provided later two more useful approaches which currently control the practical analysis of non-obviousness by patent examiners and courts: Graham et al. v. John Deere Co. of Kansas City et al., 383 U.S. 1 (1966) gives guidelines of what is "non-obvious ...
The Patent Act (R.S.C., 1985, c. P-4) [1] makes explicit reference to a "person skilled in the art" in the s. 28.3 requirement that the subject matter of a patent be non-obvious. 28.3 The subject-matter defined by a claim in an application for a patent in Canada must be subject-matter that would not have been obvious on the claim date to a ...
3.328 "If a sign is not necessary then it is meaningless. That is the meaning of Occam's Razor." (If everything in the symbolism works as though a sign had meaning, then it has meaning.) 4.04 "In the proposition, there must be exactly as many things distinguishable as there are in the state of affairs, which it represents.
Adianoeta – a phrase carrying two meanings: an obvious meaning and a second, more subtle and ingenious one (more commonly known as double entendre). Alliteration – the use of a series of two or more words beginning with the same letter. Amphiboly – a sentence that may be interpreted in more than one way due to ambiguous structure.
Section 28.3 has a grace period of one year that allows the inventor, or a person who obtained knowledge directly or indirectly from the inventor, to disclose the invention without rendering the subsequent invention non-obvious. The non-obvious requirement is explained in Beloit Canada Ltd. v. Valmet Oy. Justice Hugessen contrasted the concepts ...
A synonym is a word, morpheme, or phrase that means precisely or nearly the same as another word, morpheme, or phrase in a given language. [2] For example, in the English language , the words begin , start , commence , and initiate are all synonyms of one another: they are synonymous .