How does the concept of analogous arts relate to obviousness in patent law?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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 concept of analogous arts is closely related to the assessment of obviousness in patent law. The MPEP provides guidance on this relationship:

See MPEP ยง 2141.01(a) for a discussion of analogous and nonanalogous art in the context of establishing a prima facie case of obviousness under 35 U.S.C. 103. (MPEP 904.01(c))

In determining obviousness, examiners consider whether a person of ordinary skill in the art would have been motivated to combine teachings from analogous arts. If an invention would have been obvious to a person skilled in the art based on combinations of analogous prior art, it may not meet the non-obviousness requirement for patentability under 35 U.S.C. 103.

Tags: 35 u.s.c. 103, analogous arts, mpep 2141.01(a), Obviousness, patent law