Patentability: Meeting the Non-Obvious Standard
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💡 Pushing the Boundaries: Meeting the Non-Obvious Standard with Your Invention 🚀
When Steve Jobs unveiled the iPhone in 2007, it was a game-changer, blending touchscreens, apps, and internet access into one device. But before patents could protect it, Jobs had to prove it was more than just the next logical step. Like all inventions, the iPhone had to surpass the non-obvious bar for patentability. So, how can you assess if your invention is a true leap forward?
Under 35 U.S.C. § 103, your invention can't be patented if it's obvious based on prior art. With millions of patents issued, tying your invention to existing technology is common. The question is: Does your invention go beyond the obvious?
Keys for Meeting the Non-Obvious Standard:
✨ Identify unique, unexpected benefits or capabilities.
📈 Prove commercial success.
🧩 Combine references in new ways.
🔄 Require drastic or counterintuitive changes.
By evaluating your invention through the eyes of a patent examiner, you can argue that it pushes the boundaries of what's considered obvious in your field. With IP experts' help, you can gather the evidence needed to substantiate non-obviousness.
Conclusion: Don't assume patentability. Prove that your invention goes beyond the obvious. Because if it's just a small step, should it really be awarded a patent?
This article is part of our series, "A Guide to Protecting Your Innovations." To start from the beginning, click here.
Stay tuned for our next topic: Crafting Broad Patent Claims to Maximize Protection.
#Patentability #Innovation #IPStrategy #PatentLaw #IntellectualProperty 📚🔒🚀