Definition
Non-obviousness is the requirement that an invention not be an obvious improvement or combination of prior art to a person skilled in the relevant field.
Why It Matters Legally
Most patent rejections turn on obviousness rather than novelty. Even a genuinely new invention can be denied if it merely combines known elements in a predictable way. This standard is heavily litigated and often decides whether a patent survives.
Example Use Case
An examiner rejects a claim for a known drug delivered through a known patch, reasoning that combining the two was an obvious step for a skilled formulator.
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Related Terms
Novelty, Prior Art, Patentability, Person of Ordinary Skill in the Art, Obviousness Rejection