Obviousness Part II
After doing much research on Obviousness and watching many a YouTube video, I have gotten a better perspective on what it means to be obviousness. First, prior art is extremely important because of how it allows someone to get a patent or not. Even if the person who is trying to get the patent has never seen the prior art, they might have gotten their idea elsewhere which means it might be from prior art and in turn be obvious. There is also the Teaching Motivate and Suggest Methodology which extends the prior art because if you had prior art then you could see that it was clear motivation for yours then it too would in fact be obvious. Another video mentioned the table example like our Professor did in class where they would change the number of legs or even change the paint color to have it match the curtains which would give a different utility but as it turns out that is something obvious to do based off of prior art. Prior art comes in many shapes and sizes but for the most part it is something published or previously patented in the patent office that can be pieced together to make up your entire "new" invention. Sometimes it may take many different pieces of prior art to create your patent or sometimes it will be just two combined equals your invention and thus it is obvious. All told, I learned mainly that Obviousness relys on prior art for everything. Previously, I thought it would be obvious if you could just think of that on your own based off of something else but not exactly it requires proof of the old and from there the TSM method can be used to prove that it was in fact obvious or not.
Hi Kyle,
ReplyDeleteI really liked how you went ahead and talked about the research and its effect on your understanding of obviousness. And how you mentioned the TSM test - although there is also the Graham test which you might had been good to mention as well. Otherwise, everything looks good! Thanks!
Hi, I definitely agree that Kyle's discussion about the research was very valuable. I really like how you suggested talking about the Graham test as well since it improved on the TSM test.
DeleteYou did a great job with this post. I like how emphasized the importance of prior art in the patent process. Also, I like how you included the idea of utility as part of the patent process.
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