NONOBVIOUSNESS

nonobviousness.Patents. 1. An invention’s quality of being sufficiently different from the prior art that, at the time the invention was made, it would not have been obvious to a person having ordinary skill in the art relevant to the invention. 2. The requirement that this quality must be demonstrated for an invention to be patentable. • Nonobviousness may be demonstrated with evidence concerning prior art or with other objective evidence, such as commercial success or professional approval. The test of obviousness involves examining the scope and content of the prior art, the differences between the prior art and the patent claims, and the level of ordinary skill in the art. 35 USCA § 103. See GRAHAM FACTORS. Cf. NOVELTY; OBVIOUSNESS. [Cases:

Patents 16(1). C.J.S. Patents § 68.]

[Blacks Law 8th]