Legal definition of nonobviousness
Patent Prosecution Legal Terminology


“Under §103, the scope and content of prior art are to be determined; differences between the prior art and the claims at issue are to be ascertained; and the level of ordinary skill in pertinent art resolved. Against this background, the obviousness and nonobviousness of the subject matter is determined. Such secondary consideration as commercial success, long felt but unresolved needs, failure of others, etc., might be utilized to give light to th circumstance surrounding the origin of the subject matter sought to be patented. As indicia of nonobviousness, these inquiries may have relevancy.”
Graham v. John Deere Co., 383 U.S. 1 (1966).
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