11.1.14 Invalidity — Obviousness is a type of patent invalidity that occurs when a claimed invention is so obvious to a person of ordinary skill in the art that it would have been obvious to make the invention at the time of the application. This invalidity is addressed in the U.S. Patent Act in 35 U.S.C. 103. There are two types of obviousness: (1) obviousness-type double patenting and (2) non-obviousness-type double patenting. In obviousness-type double patenting, the invention is obvious in light of the prior art. In non-obviousness-type double patenting, the invention is not obvious in light of the prior art. The courts consider several factors when determining whether an invention is obvious, including the level of ordinary skill in the art, the scope and content of the prior art, the differences between the prior art and the claimed invention, and the level of predictability of the art.
11.1.14 Invalidity — Obviousness is a type of patent invalidity that occurs when a claimed invention is so obvious to a person of ordinary skill in the art that it would have been obvious to make the invention at the time of the application. This invalidity is addressed in the U.S. Patent Act in 35 U.S.C. 103. There are two types of obviousness: (1) obviousness-type double patenting and (2) non-obviousness-type double patenting. In obviousness-type double patenting, the invention is obvious in light of the prior art. In non-obviousness-type double patenting, the invention is not obvious in light of the prior art. The courts consider several factors when determining whether an invention is obvious, including the level of ordinary skill in the art, the scope and content of the prior art, the differences between the prior art and the claimed invention, and the level of predictability of the art.
