Patentability: nonobviousness issues




The following will bar patentability in the U.S.:
  • Would have been obvious to a person having ordinary skill in the art - on date of invention

  • Unless a genetic engineering or cell fusion process or a process of using a product of such a process which uses or produces a novel and nonobvious composition

  • Unless prior art and invention owned by or subject to an obligation of assignment to the same entity - on date of invention

    • Objective evidence is considered - unexpected results, failure of others, commercial success, copying, etc.