OBVIOUSNESS | WEEK #7

Hey guys!

This weeks post aims to discuss obviousness. As we learned in class, non-obviousness is a requirement for a patent to be approved. I will discuss the definition of obviousness that we established in class, and then I will analyze some of the research I found on my own online. I will then provide a concrete example of obviousness in order to make it clear what is expected of an approvable patent.

Class Definition:

• In class, we learned that:
• A patent is obvious if it is defined to be that way by a POSITA
• A POSITA is defined as a Person having Ordinary Skill In The Art

External Research:

• Through my own external research outside of class, I learned an invention can be obvious if it satisfies one of the following 6 criteria:

1. If the invention is created through a substitution of one known element for another to obtain predictable results the invention is obvious.
2. If the invention is achieved by using a known technique to improve a similar device in the same way the invention is obvious.
3. If the invention is created by applying a known improvement technique in a way that would yield predictable results the invention is obvious.
4. If the invention is achieved from choosing a finite number of identifiable, predictable solutions that have a reasonable expectation to succeed the invention is obvious.
5. If known work in one filed of endeavor prompts variations based on design incentives or market forces and the variations are predictable to one of skill in the art the invention is obvious.
6. If the invention a product of combining prior art elements according to known methods to yield predictable results the invention is obvious.

http://www.ipwatchdog.com/2014/02/01/when-is-an-invention-obvious/id=47709/

Illustrative Example of Obviousness:

• In class we discussed an example of obviousness with regards to bottle caps:
• Assume that one bottle cap has a blue cap, and an somebody else files a patent for a bottle cap that is red
• The patent would be likely rejected because it is obvious 
• A red bottle cap provides no functional benefits
• A red bottle cap fails to solve a new problem