This page consolidates MPEP guidance interpreting 35 U.S.C. § 103, including 1041 rules 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.

Summary

The Conditions for patentability; non-obviousness is a critical requirement that must be satisfied to obtain a patent, particularly under the America Invents Act (AIA) framework.

What this section covers

• This section covers the core topic of demonstrating non-obviousness through prior art analysis under 35 U.S.C. 103 and includes specific rules and examples from MPEP.
• The section identifies the scope of guidance, focusing on how to show that an invention is not obvious over prior art.

Key obligations

• The primary requirement is to demonstrate that an invention is not obvious over prior art, particularly under the AIA framework.
• Consideration of the level of ordinary skill in the art is an additional required element for assessing obviousness.
• Adhering to the AIA framework is a key compliance obligation for obviousness analysis.

Practice notes

• Conduct thorough prior art searches to support non-obviousness arguments, as recommended by MPEP.
• Avoid the pitfall of failing to consider the level of ordinary skill in the art when assessing obviousness, as per MPEP guidelines.