The Obviousness Standard in Patent Law

Download or read book The Obviousness Standard in Patent Law written by and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This test provided that a patent claim is only proved obvious if the prior art, the nature of the problem to be solved, or the knowledge of those skilled in the art, reveals some motivation or suggestion to combine the prior art teachings. [...] Background Section 103(a) of the Patent Act provides one of the statutory bars for patentability of inventions: a patent claim1 will be considered invalid if "the differences between the subject matter sought to be patented and the prior art2 are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having 1 Each application for a patent con [...] The nonobviousness requirement is met if the subject matter claimed in a patent application is beyond the ordinary abilities of a person of ordinary skill in the art in the appropriate field.4 In the landmark 1966 case Graham v. John Deere Co. [...] Under § 103, the scope and content of the prior art are to be determined; differences between the prior art and the claims at issue are to be ascertained; and the level of ordinary skill in the pertinent art resolved. [...] In the Federal Circuit's view, unless the "prior art references address the precise problem that the patentee was trying to solve," the problem would not motivate a person of ordinary skill in the art to combine the prior art teachings - here, the placement of an electronic sensor on an adjustable pedal.17 The Supreme Court's Opinion.