What is an Invention Non-Obvious?

Non-obviousness is a legal requirement for patentability in most countries. It means that an invention must be something that would not have been obvious to a person of ordinary skill in the art at the time the invention was made.

Determining whether an invention is non-obvious is a complex and fact-specific inquiry. The US Patent and Trademark Office (USPTO) uses a two-step analysis to assess non-obviousness:

1. Step 1: The examiner considers the prior art, which is all of the information that was publicly known or available before the invention was made.

2. Step 2: The examiner then determines whether the differences between the invention and the prior art are significant enough that the invention would not have been obvious to a person of ordinary skill in the art.

Factors that the examiner may consider when assessing non-obviousness include:

• The technical skill required to understand the prior art

• The unexpected or surprising nature of the invention

• The inventive concept of the invention

• The commercial success of the invention

• The failure of others to solve the problem that the invention solves

• The skepticism of experts in the field

Examples of non-obvious inventions:

• The invention of the integrated circuit, which combined transistors and resistors on a single chip, was considered non-obvious because it was a significant step forward from the prior art of discrete transistors.

• The invention of the self-closing envelope was considered non-obvious because it solved a problem that had been around for centuries: how to keep envelopes sealed without using glue or staples.

• The invention of the CRISPR gene editing system was considered non-obvious because it allowed scientists to make precise changes to DNA without introducing unwanted mutations.

Examples of obvious inventions:

• A new type of soda can that is slightly taller than the previous version would be considered obvious because it is a trivial modification of an existing product.

• A new type of smartphone case that is made of a different material would be considered obvious because it is a cosmetic change that does not improve the functionality of the product.

• A new type of computer mouse that is slightly lighter than the previous version would be considered obvious because it is a minor improvement that does not provide any significant benefit to users.

It is important to note that non-obviousness is a relative concept. What may be obvious to one person may not be obvious to another person, depending on their level of technical expertise and experience.

Here are some tips for increasing the chances that your invention will be considered non-obvious:

• Solve a significant problem. The more important the problem that your invention solves, the more likely it is to be considered non-obvious.

• Use a new combination of known elements. If your invention uses existing elements in a new and unexpected way, it is more likely to be considered non-obvious.

• Make a significant improvement over the prior art. If your invention is a significant step forward from existing products or methods, it is more likely to be considered non-obvious.

• Document your invention thoroughly. Keep detailed records of your design process and testing results. This will help you to demonstrate that your invention was not obvious to a person of ordinary skill in the art.

If you are unsure whether your invention is non-obvious, you may want to consult with a patent attorney. A patent attorney can help you to assess the non-obviousness of your invention and develop a patent strategy.

A key requirement for patentability explained

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