Non-obviousness

Cross-referenced

Obviousness

A grounds for rejection under 35 USC § 103 when an invention, while not identical to any single prior art reference, would have been obvious to a person having ordinary skill in the art at the time of invention. Examiners frequently combine two or more prior art references to make an obviousness rejection. It is the single most common rejection in patent prosecution.

Cross-referenced

Patent

A government-granted right that gives an inventor the exclusive right to prevent others from making, using, selling, or importing a patented invention within the country that granted the patent, for a limited time. A patent does not give the owner the right to practice the invention — only the right to exclude others. The US issues three types: utility, design, and plant patents.

Cross-referenced

Prior art

All publicly available information that existed before a patent's priority date that is relevant to the novelty and non-obviousness of the claimed invention. Prior art includes earlier patents, published patent applications, journal articles, product manuals, conference presentations, and anything that was publicly known or in use. Searching prior art before filing is one of the most valuable steps an inventor can take.

Cross-referenced

Utility patent

The most common type of US patent, covering inventions that have a useful function — how something works, how it is made, or how it is used. Utility patents account for roughly 90% of all US patents issued. They last 20 years from the filing date of the non-provisional application, subject to payment of maintenance fees. Software, medical devices, chemical processes, and mechanical inventions are all protectable as utility patents.

Non-practicing entity (NPE)

A patent owner that does not make or sell products practicing its patents but earns money by licensing or asserting them. The pejorative term 'patent troll' refers to NPEs seen as using the high cost of litigation to extract settlements.

Non-provisional application

The "full" patent application examined by the USPTO — as opposed to a provisional application, which is a placeholder. A non-provisional application must include a complete specification, drawings (if necessary), at least one claim, and payment of the filing fee. The non-provisional is what gets examined and, if allowed, issues as a patent.