What is a non-obviousness rejection?

A non-obviousness rejection is a decision issued by the United States Patent and Trademark Office (USPTO) denying a patent application in Washington due to the invention being not “non-obvious”. This means that the invention was not inventive enough to be considered novel and thus patentable. In patent law, a person cannot patent something that is obvious to someone with ordinary skill in the field, as it would not be considered new and unique. The evaluation of whether an invention is non-obvious is done by USPTO examiners. They look at not only the patent application, but also at other prior patents and scientific papers to determine if the invention is novel or an obvious variation of something already done. If the invention is considered something that a person in the industry would have come up with based on existing prior art, the patent application is rejected for non-obviousness. In some cases, the patent applicant may wish to fight the rejection and can file an appeal to the Patent Trial and Appeal Board. The applicant may present evidence that the invention is novel, sophisticated, and would not have been obvious to someone with ordinary skill in the field. This can include affidavits from experts in the industry, additional prior art references, or technical analysis. If the appeal is successful, the patent application may be granted.

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What is a non-obviousness rejection?

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