What is the test for obviousness in patent law?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The test for obviousness is based on what the combined teachings of prior art references would have suggested to a person of ordinary skill in the art. According to MPEP 2143.01 , “Obviousness can be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so.” The motivation to combine may be found explicitly or implicitly in various sources, including market forces, design incentives, the teachings of multiple patents, known problems in the field, and the background knowledge and common sense of a skilled artisan. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Combining or Modifying Prior Art to Produce Invention MPEP 2143.01 Permitted Motivation to Combine from Market Forces and Design Incentives MPEP 2143.01 Permitted Implicit Motivation to Combine Prior Art References MPEP 2143 Implicit Motivation to Combine References Is Allowed MPEP 2143 Inventor’s Motivation to Combine Prior Art Required MPEP 2143 Motivation to Combine Prior Art Must Exist MPEP 2143 Motivation to Combine Can Be Inferred MPEP 2143 Permitted Common Sense for Combining Prior Art MPEP 2143 Permitted Motivation to Combine References Recognizing Result-Effective Variables MPEP 2143 Permitted Motivation to Combine Under KSR Is Sufficient MPEP 2143 Required Other Related FAQs 5 FAQs Collapse Is the ability to combine references sufficient to establish obviousness? How should conflicting teachings in prior art references be handled? What is the significance of the &#8220;intended purpose&#8221; of prior art in obviousness determinations? How does the &#8220;proposed modification cannot chan...