This lesson introduces the patentability requirement of novelty and explains how earlier disclosures—known as prior art—can prevent an invention from receiving a patent.
Under the Patent Act provisions discussed in this unit, an invention must be new to qualify for a patent. The relevant subject matter may include a machine, manufacture, process, or composition of matter. An invention may lack novelty if it was already patented, described in a patent application, disclosed in a printed publication, or publicly known before the new application’s filing date.
All flashcards
Novelty
The requirement that an invention not already be disclosed in relevant prior art before the applicable filing date.
Utility
The requirement that an invention work as claimed and provide some practical benefit.
Non-obviousness
The requirement that the claimed invention not be an obvious step to a person with ordinary skill in the field.
Enabling disclosure
A disclosure with enough information for a skilled person to make and use the invention.
Unexpected result
An unpredicted outcome from an invention that may support non-obviousness.
Quiz questions
Under the non-obviousness standard, what perspective is used to assess an invention?Answer: That of a person with ordinary skill in the relevant field, considering what was already known.
Why may a new combination of familiar components still be obvious?Answer: Because it may produce a predictable result for a person skilled in the field.
How can a long-felt, previously unmet need support non-obviousness?Answer: It can provide evidence that the invention was more than a predictable advance.
Which statement about utility is accurate?Answer: An invention may have utility even if its benefit is modest or useful only to some people.
Does an inventor's sudden insight or laborious experimentation determine whether an invention is obvious?Answer: No; the assessment focuses on the invention in relation to prior art and ordinary skill.