What is the test of obviousness?

Under the Graham Test, in order to determine whether an invention is obvious in light of the prior art, the following factors are considered: 1) the scope and content of the prior art; 2) the differences between the prior art and the claims (or invention) at issue; 3) the level of ordinary skill in the pertinent art; …

What is Inherency in patent law?

In patent law, inherency typically refers to a characteristic, property or feature that would necessarily have been present when practicing the prior art but that is not expressly disclosed.[3] Inherency does not require recognition at the time of invention that the inherent feature was present, only that the feature …

What is the test of non obviousness?

The non-obviousness test is a hard one to pass. And that test requires the creation of a hypothetical person of ordinary skill in the field, whatever it is, they’re presumed to know every patent that is ever issued in this field and read popular whatever magazine.

What is a prima facie case of obviousness?

The legal concept of prima facie obviousness is a procedural tool of examination which applies broadly to all arts. It allocates who has the burden of going forward with production of evidence in each step of the examination process.

What is inherent anticipation?

Inherent anticipation. Page 1. The doctrine of inherent anticipation, in which anticipation is found despite the absence of express disclosure in a prior art reference, has recently enjoyed a remarkable revival.

What is meant by non-obviousness in patent?

Non-obviousness is defined as a sufficient difference from what has been used or described before that a person having ordinary skill in the area of technology related to the invention would not find it obvious to make the change.

Why is there a non-obviousness requirement?

Nonobviousness is one of the requirements for obtaining a patent. A supposed invention is usually obvious if someone of ordinary skill in a relevant field could easily make the invention based on prior art.