This blog post will review some of the Youtube videos I watched to get a better understanding of patent obviousness.
Clip 1: Novelty and Non-Obviousness
This video is about novelty and non-obviousness. It is narrated by a patent lawyer so I think it is credible. Novelty means the product or method is unique and nothing out there is exactly the same. An invention has to be non-obvious – there needs to be some difference that someone in the field will not have thought of. The example that the patent lawyer makes - of making the size of the cloth hanger a smaller one - is a great example and sheds light on obviousness. Hangers of different sizes are too obvious so cannot be patented. A kid size hanger and an adult size hanger are very similar in the manufacturing process required to make them. However, obviousness is complex and can be vague at times, different patent examiners may have different views on whether something is obvious or not.
Clip 2: Finding the Best Prior Art
This clip is about finding prior art that can help determine whether an invention is obvious or not. Looking for prior art can be complicated because prior art can exist in many different forms – can be curried patents or products that are already in the marketplace. One thing I loved from the patent searching process explanation is that it is hard to find the closet prior art to your intended invention because it is easy to have different word phrasings for similar products. The classification search – which he suggested – seems to be more logical and effective. This way, the classification search can get around the problem of different wording and go to the root of where the patent should be found – its use and its industry.
Conclusion: I think these 2 videos are really great at explaining the concepts outlined above, especially because the videos are being explained by an actual patent attorney who knows the “ins and outs” of the patent process.
Sean,
ReplyDeleteNicely done. I really liked reading this post. It was very easy to understand and make out your points. You also picked a great video on this topic so I can tell you really understood obviousness.