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11.3.6.1 Obviousness - Additional Factors Indicating Non-Obviousness

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Name: 11.3.6.1 Obviousness - Additional Factors Indicating Non-Obviousness
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Federal - Jury Instructions - 7th Circuit - Civil

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Multi-State

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US-JURY-7THCIR-11-3-6-1

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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm 11.3.6.1 Obviousness — Additional Factors Indicating Non-Obviousness is a concept used in patent law to determine the patent ability of an invention. In general, an invention must not be obvious to a person having ordinary skill in the relevant art. This concept includes additional factors that suggest non-obviousness of an invention, thus warranting a patent. The different types of 11.3.6.1 Obviousness — Additional Factors Indicating Non-Obviousness are: 1. Unexpected Results: When the invention yields unexpected results, it may indicate that the invention is non-obvious. 2. Long-Felt Need: When the invention fills a long-felt need, it may indicate that the invention is non-obvious. 3. Commercial Success: When the invention is commercially successful, it may indicate that the invention is non-obvious. 4. Copying by Competitors: When competitors copy the invention, it may indicate that the invention is non-obvious. 5. Skepticism of Others: When the invention was met with skepticism from experts in the field, it may indicate that the invention is non-obvious. 6. Unanticipated Benefits: When the invention yields unanticipated benefits, it may indicate that the invention is non-obvious.

11.3.6.1 Obviousness — Additional Factors Indicating Non-Obviousness is a concept used in patent law to determine the patent ability of an invention. In general, an invention must not be obvious to a person having ordinary skill in the relevant art. This concept includes additional factors that suggest non-obviousness of an invention, thus warranting a patent. The different types of 11.3.6.1 Obviousness — Additional Factors Indicating Non-Obviousness are: 1. Unexpected Results: When the invention yields unexpected results, it may indicate that the invention is non-obvious. 2. Long-Felt Need: When the invention fills a long-felt need, it may indicate that the invention is non-obvious. 3. Commercial Success: When the invention is commercially successful, it may indicate that the invention is non-obvious. 4. Copying by Competitors: When competitors copy the invention, it may indicate that the invention is non-obvious. 5. Skepticism of Others: When the invention was met with skepticism from experts in the field, it may indicate that the invention is non-obvious. 6. Unanticipated Benefits: When the invention yields unanticipated benefits, it may indicate that the invention is non-obvious.

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Loosely, something that is not readily apparent. Nonobviousness is one of the requirements for obtaining a patent. A supposed invention is usually obvious if someone of ordinary skill in a relevant field could easily make the invention based on prior art. See 35 U.S.C.

Here's an example from NOLO: ?An inventor created a method of clearing manure from a barn without using human labor. The system combined a water tank, flushing system, and a sloping barn floor. No prior device had performed this function so the invention was novel.

What is the nonobviousness requirement? The nonobviousness requirement states that the inventor will not be awarded a patent if the difference between the claimed invention and the prior art is obvious. See 35 USC 103.

Three principal factors produce nonobviousness indeterminacy: a failure to identify the quantum of innovation necessary to satisfy the standard, a failure to define the baseline level of ordinary skill against which to measure an innovation, and the epistemic infeasibility of requiring a technologically lay decision

These factors are called ?secondary considerations.? They include evidence of: unexpected results, commercial success, long-felt but unsolved needs, failure of others, skepticism of experts, and copying by competitors.

What Is Non-Obvious? Non-obvious is a requirement for patent protection that literally means your invention is not obvious to someone who is in the same industry. A new invention needs to be unexpected or surprising and cannot be anticipated by looking at the existing technology or prior art.

One way to show non-obviousness is to perform a patentability search prior to filing a patent application. Such a search should elicit the closest prior art, which will permit us to tell the story of the inventiveness and to prepare the claims of the application in such a way so as to avoid the prior art.

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Any obviousness rejection should include, either explicitly or implicitly in view of the prior art applied, an indication of the level of ordinary skill. The Board complied and cancelled claims 111 finding the claimed quasistreaming method unpatentably obvious.The invention (non-compliance with the requirements of Article 36 (4)(i)). The nonobviousness requirement is a critical element to patentability. Truthful and accurate, in part, in whole, or not at all. Prior Art Must Be Meaningfully Addressed.

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