What is a non-obviousness rejection?

A non-obviousness rejection is a decision made by the United States Patent and Trademark Office (USPTO) when deciding whether or not to grant a patent. A non-obviousness rejection means that the invention was not considered to be novel or non-obvious to a person having ordinary skill in the relevant field. In other words, if the invention is already known or would have been obvious to someone with an understanding of the subject matter, then it is not considered to be patentable. The USPTO will look at the prior art (already existing products, inventions, publications, etc.) to determine if the invention is novel and non-obvious. If the prior art shows that the invention is not novel or would have been obvious to a person with ordinary skill, then the invention cannot be patented. In Mississippi, the USPTO follows the same procedures for evaluating patent applications and issues non-obviousness rejections accordingly. The USPTO may also reject an application because of other factors, such as a failure to meet the standards of patentability, a lack of enablement, or a lack of disclosure of the best mode of the invention.

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