Legal Definitions - Nonobvious

In patent law, an invention is considered nonobvious if it would not have been readily apparent or predictable to a person with ordinary skill in the relevant technical field at the time the invention was made. This is a crucial requirement for an invention to be granted a patent, alongside being new (novel) and useful.

The concept of nonobviousness ensures that patents are awarded only for genuine advancements, not for minor improvements or combinations of existing technologies that an average expert in the field could have easily conceived. It prevents someone from patenting something that is merely a logical next step or a straightforward application of known principles.

• Example 1: A Novel Material with Unexpected Properties

  Imagine a team of chemists develops a new type of plastic that, unexpectedly, becomes incredibly strong and flexible when exposed to a specific frequency of ultraviolet light, a property no one in the field had predicted or observed in similar materials. While the individual chemical components might be known, their specific combination and the resulting unique, advantageous property under UV light would likely be considered nonobvious. A person with ordinary skill in polymer chemistry would not have readily foreseen this particular outcome, making the invention eligible for patent protection.

• Example 2: Solving a Long-Standing Problem in a New Way

  Consider the challenge faced by engineers trying to design a quieter, more efficient fan blade for jet engines. For years, various designs offered incremental improvements, but a significant reduction in noise while maintaining thrust remained elusive. Then, an inventor proposes a fan blade with a unique serrated trailing edge, inspired by owl feathers, which dramatically reduces turbulence and noise without sacrificing performance. Even though serrated edges exist in other contexts, applying this specific design principle to a jet engine fan blade to achieve such a significant and previously unattainable improvement in noise reduction would likely be deemed nonobvious to an aerospace engineer, as it solved a persistent problem in an unexpected manner.

• Example 3: A Simple Combination with a Surprising Result

  Suppose a company invents a new type of adhesive bandage that, in addition to its standard wound-covering function, also releases a localized, non-pharmaceutical cooling sensation upon contact with skin, significantly reducing pain and swelling for minor injuries. While adhesive bandages and cooling agents are individually well-known, the specific combination of materials and design that allows for a sustained, safe, and effective cooling effect directly within the bandage, without external activation or complex components, might be considered nonobvious. The unexpected therapeutic benefit derived from this particular combination elevates it beyond a mere predictable assembly of existing elements.