NONOBVIOUSNESS
From Bill Goodwine's Wiki
Historical Development
The following are some cases through history that trace the evolution of what is currently the nonobviousness standard.
Hotchkiss v. Greenwood (1850)
- 1850: Hotchkiss v. Greenwood (Hotchkiss v. Greenwood (full text)) Established the "nonobviousness" language the subsequently became codified.
Graham v. John Deere (1966)
- 1966: Graham v. John Deere, 383 U.S. 1 (1966) The fundamental inquiries are
- scope and content of the prior art;
- differences between the prior art and the claims at issue;
- level of ordinary skill in the pertinent art; and,
- secondary considerations, including:
- commercial success of the invention;
- long-felt but unsolved needs;
- failure of others to find a solution, etc.
U.S. v. Adams (1966)
- 1966: US V. Adams (US v. Adams (full text)) All the evidence must be considered. Even small changes can have large consequences, which is relevant to a determination of nonobviousness.
