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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]
The Patent Act of 1952 added 35 U.S.C. § 103, which effectively codified non-obviousness as a requirement to show that an idea is suitable for patent protection.
Additionally, patentable materials must be novel, useful, and a non-obvious inventive step. [89] Patent applications filed at the world's major patent offices from 1980 to 2021. A patent is requested by filing a written application at the relevant patent office. The person or company filing the application is referred to as "the applicant".
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification [notes 1] and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing within the ...
Under the Indian Patent Act (1970), "inventions" are defined as a new product or process involving an inventive step and capable of industrial application. [7] Thus the patentability criteria largely involves novelty, inventive step and industrial application or usability of the invention.
Before you spend time or money on your invention or idea, make sure it hasn’t already been created. Go to the U.S. Patent and Trademark Office’s website and search for existing patents. 7 ...
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