Non-Obviousness Standard
Definition:
Non-obviousness is one of the qualifications for patentability. In
order for an invention to be patented, its meaning should not have obvious
similarities to an already claimed or patented invention. Non-obviousness
also comes into consideration if the invention is known or used in the U.S
or in a foreign country. If the invention has been described in a publication
or it was used by others, it is deemed the non-obviousness standard
applies and the patent will not be granted.
Consequences of the Non-Obviousness Standard:
The non-obviousness standard is known to be the most difficult obstacle to overcome when applying for a patent. There is no clear definition of an obvious invention and it lies in the hands of the patent office to determine. If a patent office concludes that an invention does not meet the standard of non-obviousness, it will get rejected, further delaying the process of getting your invention patented.What a Lawyer can do for you:
When applying for a patent, it is important to consult with an experience patent lawyer. An intellectual property lawyer can help you file a patent application and help determine if the patent office will deny the patent because of the standard of non-obviousness. An intellectual property lawyer can also be helpful in re-applying for a patent.Lawyer Referral Service:
For any questions regarding the non-obviousness standard, contact Attorney Search Network today. Attorney Search Network can help you find an intellectual property lawyer to assist you.
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