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Nonobviousness Requirements in Patent Law: An Overview

This document outlines the nonobviousness requirements for patentability as per 35 U.S.C. § 103. It explains essential patentable subject matter criteria including novelty, utility, and enablement, and elaborates on the importance of nonobviousness. The analysis involves understanding the scope of prior art, key differences between the invention and existing art, and the level of ordinary skill in the field. It highlights secondary considerations such as commercial success and long-felt needs, discussing relevant case law, including Graham v. John Deere and In re Dembiczak.

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Nonobviousness Requirements in Patent Law: An Overview

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  1. Intellectual Property Boston College Law School February 26, 2007 Patent - Nonobviousness

  2. Requirements • (1) Patentable Subject Matter • (2) Novelty • (3) Utility • (4) Nonobviousness • (5) Enablement

  3. Nonobviousness • 35 U.S.C. § 103. Conditions for patentability; non-obvious subject matter. • “A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 … if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have beenobvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains …”

  4. Nonobviousness • Factors in the analysis • (1) Scope and content of prior art • (2) Differences between invention and prior art • (3) Level of ordinary skill in the art • (4) “Secondary considerations” • Commercial success • Long-felt but unsolved needs • Failure of others to invent • Copying by others

  5. Chisel Plow

  6. Graham v. John Deere

  7. In re Dembiczak

  8. Nonobviousness • Secondary considerations • Commercial success • Long-felt but unsolved needs • Failure of others to invent • Copying by others

  9. Problem 3-10 • Claimed invention • Lollipop in shape of human thumb • Wrapped in a mold that can be worn • Contains gum inside lollipop • Prior art references • Siciliano: ice cream wrapped in a removable mold • Copeman: lollipops in various molds usable as balloons • Harris: hollow, thumb-shaped lollipop • Webster: chewing gum enclosing liquid syrup

  10. Administrative • Next Assignment • Through IV.C.3 – Doctrine of Equivalents

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