Basic Concepts of Nonobviousness

This lesson reviews some of the concepts needed to understand the patent law doctrine of "nonobviousness" (Section 103 of the Patent Act). Before undertaking this lesson, students should already be familiar with the doctrine of novelty under Section 102 of the Act.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Identify the factual inquiries needed to determine nonobviousness.
2. Describe the scope of prior art considered in determining nonobviousness.
3. Explain the role of the PHOSITA concept in determining nonobviousness.
4. Explain the role of secondary considerations in determining nonobviousness.
5. Identify how the AIA changed the timing of the nonobviousness determination.