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In order to reduce the impact of non-obviousness on patentability, to eliminate the flash of genius test, and to provide a more fair and practical way to determine whether the invention disclosure deserves a patent monopoly, the Congress took the matter in its own hands and enacted the Patent Act of 1952 35 U.S.C. Section § 103 reads:
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 non-obviousness criterion can be easily met, if a claim is based on a discovery of new natural phenomenon/principle/law. In the patentable subject matter analysis, however, this "discovery" is assumed to be prior art, and an "additional inventive concept" must be present in the claim.
Prior art (also known as state of the art [1] or background art [2]) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability.
Teleflex described how obviousness should be determined: In determining whether the subject matter of a patent claim is obvious, neither the particular motivation nor the avowed purpose of the patentee controls. What matters is the objective reach of the claim. If the claim extends to what is obvious, it is invalid under §103.
The test was eventually rejected by Congress in its 1952 revision of the patent statute, now codified in Title 35 of the United States Code.Section 103 was amended to state the new standard of non-obviousness: "Patentability shall not be negated by the manner in which the invention was made."
If you’re confused by President Donald Trump’s tariff plan, you’re not alone.
Another difference between the practices of the United States Patent and Trademark Office (USPTO) and other patent offices is the requirements for non-obviousness and for inventive step.