Legal Definitions - obviousness

Definition: Obviousness is a term used in patents to describe the quality or state of being easily apparent to a person with ordinary skill in a given art. This means that if an invention is considered obvious, it cannot be patented.

For example, if someone invents a new type of pencil that has a built-in eraser, this may not be considered patentable because it is an obvious improvement to an existing product. A person with ordinary skill in the art of pencil-making would likely have thought of this idea already.

The determination of obviousness is based on the scope and content of the prior art, which refers to all the existing knowledge and technology in a particular field. If an invention is deemed to be obvious, it means that someone could have reasonably expected it to be invented at the time it was conceived.

Ultimately, the question of obviousness is a legal one, even though it involves many factual considerations. The goal is to ensure that patents are only granted for truly innovative and non-obvious inventions.