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The US requirement for non-obviousness corresponds to the inventive step requirement in other countries. An "invention" is obvious (and therefore ineligible for a patent) if a person of "ordinary skill" in the relevant field of technology would have thought the technology was obvious, on the filing date of the patent application.
Most patent offices also require that the application includes an abstract which provides a summary of the invention to aid searching. A title must also generally be provided for the application. [7] Each patent office has rules relating to the form of the specification, defining such things as paper size, font, layout, section ordering and ...
Judging patentability is one aspect of the official examination of a patent application performed by a patent examiner and may be tested in post-grant patent litigation. Prior to filing a patent application, inventors sometimes obtain a patentability opinion from a patent agent or patent attorney regarding whether an invention satisfies the ...
A patent examiner reviews the patent application to determine if it meets the patentability requirements of that country. If the application does not comply, objections are communicated to the applicant or their patent agent or attorney through an Office action , to which the applicant may respond.
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]
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 ...
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