What I liked the most about this video is the fact that it shows a visual model of how to understand obviousness in patents, so this really helped me gain insight into what obviousness is and the simple basics of what I need to know in order to avoid getting my future patents labeled as obvious.
This first diagram shows the intersection between a new set of ideas and a set of known things, and how to define what is in common. The obviousness problem lies in how much of your patent or invention intersects with prior art. If what you claim to be a new set of ideas intersects too much with a set of already known things, then what you claim to be a new set of things can be obvious, since some of it was already known.
The second diagram shows how a prior art search for obviousness is performed on an invention.
So the basic idea of how a prior art search is performed:
- Given a set of inventions X, Y, A, and B
- Let's say a portion of your invention has already been invented in invention B, then the breadth of your invention has been reduced.
- After the prior art search is complete, your entire invention is found in the set of prior art inventions
- If your entire invention is found within the prior art and lies within two or more inventions, then the prior art search is found as obviousness.
Video summary:
Hey Grace, this was a great post. Great video choice, the post was well organized and I really like that you included diagrams from the video in your blog. Good job and thanks for sharing! :)
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