Research on Patent Obviousness
Article 1: Patent Law 103: When Is An Invention Obvious And When Is It Patentable?
This article talks about the steps needed to determine if a patent is obvious. It writes that “The Supreme Court described the factual inquiries necessary to determine whether an invention is obvious. First, the scope and content of the prior art must be assessed. Second, the differences between the claimed invention and the prior art must be identified. Third, the level of ordinary skill in the pertinent art must be resolved.” So in the discussion of whether something can be patent, one has to analyze whether the patent makes use of existing inventions, if the patent adds any unique value to the inventions it perhaps builds on, and whether or not combining the prior inventions is easy – if someone skilled in the field can make it or not.
Article 2: When is an Invention Obvious?
This article discusses the definition of obviousness in US patent law. Obviousness, according to the writer is “whether there is any combination of prior art references that when put together would be the invention in question.” So for example, remembering the cup patents, it seems like the cup that has a thermometer is obvious in that it builds from 2 different patents – the thermometer and the cup. Yet, it was accepted as a patent because the integration of the thermometer to the cup moved beyond just dipping a thermometer into the cup, and actually integrating the thermometer to the design of the cup. This means that one has to do thorough research before establishing whether or not one can patent his or her idea.
Conclusion: I think the definition of obvious is becoming clearer to me but I still wonder what breaks the line between obvious and non-obvious combinations of prior art. It is highly subjective and seems open to debate.
Great post. I like how you included specific patent laws that would aid you in discovering what true obviousness is. Great work!
ReplyDeleteWell done on finding two solid articles to back up what you learned. Really enhances your credibility. I especially liked the first paragraph because of its organization and logical progression. Thanks!
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