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In US patent law, non-obviousness is one of the requirements that an invention must meet to qualify for patentability, codified as a part of Patent Act of 1952 as 35 U.S.C. §103. An invention is not obvious if a " person having ordinary skill in the art " (PHOSITA) would not know how to solve the problem at which the invention is directed by ...
The defense of non-infringement is that at least one element of an asserted claim is not present in the accused product (or in the case of a method claim, that at least one step has not been performed). The defense of invalidity is a counter-attack on the patent itself., i.e., the validity of the patent or of the allegedly infringed claims.
Graham v. John Deere Co., 383 U.S. 1 (1966), was a case in which the United States Supreme Court clarified the nonobviousness requirement in United States patent law, [1] set forth 14 years earlier in Patent Act of 1952 and codified as 35 U.S.C. § 103.
Useful (in U.S. patent law) or be susceptible of industrial application (in European patent law [1]) Usually the term " patentability " only refers to the four aforementioned "substantive" conditions, and does not refer to formal conditions such as the " sufficiency of disclosure ", the " unity of invention " or the " best mode requirement ".
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]
Introduction of a bill has been delayed by lack of agreement among stakeholders such as the American Bar Association's IP law section, the IP Owner's Association, the American Intellectual Property Law Association and BIO. [66] The draft bill expands the scope of the patentable subject matter by abolishing the judicial exceptions. [67]
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