Inventive step and non-obviousness
From The Art and Popular Culture Encyclopedia
(Difference between revisions)
| Revision as of 09:39, 28 July 2010 Jahsonic (Talk | contribs) ← Previous diff |
Current revision Jahsonic (Talk | contribs) |
||
| Line 1: | Line 1: | ||
| {{Template}} | {{Template}} | ||
| - | :''[[downside of inventions]]'' | ||
| - | An '''invention''' is a new composition, [[device]], or process. An invention may be derived from a pre-existing model or [[idea]], or it could be independently conceived in which case it may be a radical breakthrough. In addition, there is '''[[cultural invention]]''', which is an [[innovative]] set of useful [[social behavior]]s adopted by people and passed on to others. Inventions often extend the boundaries of human knowledge or experience. An invention that is [[novelty (patent)|novel]] and [[inventive step and non-obviousness|not obvious]] to [[person skilled in the art|others skilled in the same field]] may be able to obtain the legal protection of a [[patent]]. | + | The '''inventive step''' and '''non-obviousness''' reflect a same general [[patentability]] requirement present in most [[patent]] [[law]]s, according to which an [[invention]] should be sufficiently inventive — i.e., non-obvious — in order to be patented. |
| + | |||
| + | The expression "inventive step" is predominantly used for instance in [[Germany]], in the [[United Kingdom]] and under the [[European Patent Convention]] (EPC), while the expression "non-obviousness" is predominantly used in [[United States patent law]]. Although the basic principle is roughly the same, the assessment of the inventive step and non-obviousness varies from one country to another. For instance, the practice of the [[European Patent Organisation|European Patent Office]] (EPO) differs from the practice in the United Kingdom. | ||
| == See also == | == See also == | ||
| - | <div style="-moz-column-count:2; -webkit-column-count:2; column-count:2;"> | + | * ''[[Hotchkiss v. Greenwood]]'' (United States Supreme Court, 1850) |
| - | * [[List of Australian inventions]] | + | * ''[[Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.]]'' (United States Supreme Court, 1950) |
| - | * [[Bayh-Dole Act]] | + | * [[Flash of genius]] (former United States patentability test) |
| - | * [[Chindōgu]] | + | * [[Level of invention]] |
| - | * [[Creativity]] | + | * [[Priority right]] |
| - | * [[Creativity techniques]] | + | |
| - | * [[Diffusion of innovations]] | + | |
| - | * [[Directive on the patentability of biotechnological inventions|EU Directive on the patentability of biotechnological inventions]] | + | |
| - | * [[Directive on the patentability of computer-implemented inventions|EU Directive on the patentability of computer-implemented inventions]] ''(proposed, then rejected)'' | + | |
| - | * [[Discovery (observation)|Discovery]] | + | |
| - | * [[Edisonian approach]] | + | |
| - | * ''[[The Illustrated Science and Invention Encyclopedia]]'' | + | |
| - | * [[Independent inventor]] | + | |
| - | * [[International Innovation Index]] | + | |
| - | * [[Invention promotion firm]] | + | |
| - | * [[Inventive step and non-obviousness]] ([[patentability]] requirements) | + | |
| - | * [[Inventor's Day]] | + | |
| - | * [[Islamic inventions]] | + | |
| - | * [[Kranzberg's laws of technology]] | + | |
| - | * [[Lemelson-MIT Prize]] | + | |
| - | * [[List of Chinese inventions]] | + | |
| - | * [[List of Russian inventors]] | + | |
| - | * [[Timeline of Russian inventions]] | + | |
| - | * [[English inventions and discoveries]] | + | |
| - | * [[List of Indian inventions]] | + | |
| - | * [[List of United States inventions]] | + | |
| - | * [[List of inventions named after people]] | + | |
| - | * [[List of inventors]] | + | |
| - | * [[List of prolific inventors]] | + | |
| - | * [[Mad scientist]] | + | |
| - | * [[Mind's eye]] | + | |
| - | * [[Multiple discovery]] | + | |
| - | * [[National Inventors Hall of Fame]] | + | |
| - | * [[Technology]] | + | |
| - | * [[The heroic theory of invention and scientific development]] | + | |
| - | * [[Timeline of historic inventions]], for a detailed list of inventions, listed by date of invention | + | |
| - | * [[TRIZ]] approach | + | |
| - | </div> | + | |
| {{GFDL}} | {{GFDL}} | ||
Current revision
|
Related e |
|
Featured: |
The inventive step and non-obviousness reflect a same general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive — i.e., non-obvious — in order to be patented.
The expression "inventive step" is predominantly used for instance in Germany, in the United Kingdom and under the European Patent Convention (EPC), while the expression "non-obviousness" is predominantly used in United States patent law. Although the basic principle is roughly the same, the assessment of the inventive step and non-obviousness varies from one country to another. For instance, the practice of the European Patent Office (EPO) differs from the practice in the United Kingdom.
[edit]
See also
- Hotchkiss v. Greenwood (United States Supreme Court, 1850)
- Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp. (United States Supreme Court, 1950)
- Flash of genius (former United States patentability test)
- Level of invention
- Priority right
Unless indicated otherwise, the text in this article is either based on Wikipedia article "Inventive step and non-obviousness" or another language Wikipedia page thereof used under the terms of the GNU Free Documentation License; or on research by Jahsonic and friends. See Art and Popular Culture's copyright notice.
