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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.
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.
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.
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.
If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your Intellectual Property lawyer referral.
If you have any questions about the information provided above, please contact Attorney Search Network.
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