Legal Definitions - Nonobviousness

Definition: Nonobviousness refers to something that is not easily apparent or understandable. In the context of patents, nonobviousness is a requirement for obtaining a patent. An invention is considered nonobvious if it is not something that someone with ordinary skills in the relevant field could easily create based on prior knowledge.

For example, if someone were to invent a new type of smartphone that could project holographic images, it would be considered nonobvious if it was not something that someone with ordinary skills in the smartphone industry could easily create based on prior knowledge. However, if the invention was simply a smartphone with a slightly larger screen, it would not be considered nonobvious because it is something that someone with ordinary skills in the smartphone industry could easily create based on prior knowledge.

Another example could be a new type of medicine that can cure a disease that was previously thought to be incurable. If the medicine was created using a unique combination of existing drugs, it would be considered nonobvious because it is not something that someone with ordinary skills in the medical field could easily create based on prior knowledge.

These examples illustrate how nonobviousness is a requirement for obtaining a patent. In order for an invention to be considered patentable, it must be something that is not readily apparent or easily created based on prior knowledge.