Case Study Of Standard Of Nonobviousness Judgement

During the whole process of judgment for patentability of one invention, there is no doubt that non-obviousness is the most important part. We have the similar method with “TSM method” to decide non-obviousness called “three steps”. After the KSR case, USPTO have changed the details of TSM method, improved its functions. Due to the significance of TSM method, we should learn the improvement of the new guideline. This article discussed our guideline about non-obviousness judgment by studying specific cases.There are three parts in this article. First, it introduced the origin and development of the non-obviousness. Non-obviousness does not have the same beginning with the patent system. The judgment for invention's creation has been changing and developing all the time no matter in which country, and has been improved gradually. In the process of judgment, the concept of non-obviousness is become to the most important part. It was from the case of America of judgment for new inventions, and was first written into American Patent Law in 1952. We also used the concept of non-obviousness in the guide book, which act an important role in the judgment process of invention creation.Second and last, through several cases study, it has some suggestions for how to improve the ways of the creation judgment. Suggesting that add the method of predictable use and predictable result in the judgment method, and make the “three steps” more flexible.