What is the test for obviousness in patent law?
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.
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Topics:
MPEP 2100 - Patentability,
MPEP 2143.01 - Suggestion Or Motivation To Modify The References,
Patent Law,
Patent Procedure