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Simple English definitions for legal terms
Graham factors
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A quick definition of Graham factors:
Graham factors are a way to determine if an invention is obvious and therefore not eligible for a patent. There are three parts to the test: (1) looking at what was already known before the invention, (2) comparing the invention to what was already known, and (3) considering the skills of people who work in the field of the invention. If the invention is too similar to what was already known, it may not be considered new enough to be patented. This is called nonobviousness. To be patentable, an invention must be different enough from what was already known at the time it was created.
A more thorough explanation:
Graham factors are a three-part test used to determine if an invention is obvious and therefore not eligible for a patent. The test was established in the case of Graham v. John Deere Co. of Kansas City in 1966.
Nonobviousness is the quality of an invention being different enough from prior art that it would not have been obvious to someone with ordinary skill in the relevant field at the time the invention was made. This quality must be demonstrated for an invention to be eligible for a patent.
For example, if someone invents a new type of phone case that is made of a material that has never been used before, it may be considered nonobvious if the material is not commonly used in phone cases and the inventor can demonstrate that someone with ordinary skill in the field would not have thought to use that material for a phone case.
On the other hand, if someone invents a phone case that is simply a different color than existing phone cases, it would likely be considered obvious and not eligible for a patent because it does not differ enough from prior art.
The Graham factors are important because they help ensure that patents are only granted for truly innovative and nonobvious inventions. This helps prevent the granting of patents for minor variations on existing inventions, which can stifle innovation and competition in a field.