But she felt that "nonobvious" founders were still left out.
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Read on for a series of practical (and nonobvious) tips on pitching a VC.Before you pitch
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"There was nothing novel, nonobvious, or even patentable about this claim," attorney Vera Ranieri wrote for the EFF.
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The USPTO found this ingenious idea nonobvious enough to warrant a patent, which now lives in the archives as patent no. 7,113,449.
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It describes how he gently gave children obvious and nonobvious advice: You are special just the way you are; no, children can't fall down the drains in the bathtub.
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But if patent examiners at the USPTO aren't well-versed in advances in a certain sector (and they usually aren't), things that are known within an industry can appear nonobvious to them, resulting in the issue of junk patents that are used to squeeze money out of innovators instead of protecting legitimate inventions.
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A notional person having typical knowledge of a particular field or art, used such as to assess whether an invention is nonobvious or whether the specification of the patent enables one to practice what is claimed.
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425 U.S. at 228-29. The Court explained: > [T]he mere existence of differences between the prior art and an invention > does not establish the invention's nonobviousness. The gap between the prior > art and respondent's system is simply not so great as to render the system > nonobvious to one reasonably skilled in the art.425 U.S. at 230.
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We conclude further that to those skilled in the > art the use of the old elements in combination was not an invention by the > obvious-nonobvious standard. Use of the radiant-heat burner in this > important field marked a successful venture. But as noted, more than that is > needed for invention.Anderson's-Black Rock, 396 U.S. at 62-63.
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The court stated: "The PTO did not establish that the ADOs, within the context of the entire claims, lack a new and nonobvious functional relationship with the memory." Under prevailing Federal Circuit patent law doctrine, the court noted, it was the burden of the PTO to prove that this relationship was obvious.See Since that had not been done, the Federal Circuit said, the rejection must be reversed.
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The device was a combination of old devices, in which each component performed the same function as it had in the past. The Court concluded: > [W]hile the combination of old elements performed a useful function, it > added nothing to the nature and quality of the radiant-heat burner already > patented. We conclude further that to those skilled in the art the use of > the old elements in combination was not an invention by the obvious- > nonobvious standard.396 U.s. 62-63.
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In law, originality has become an important legal concept with respect to intellectual property, where creativity and invention have manifest as copyrightable works. In the patent law of the United States and most other countries, only original inventions are subject to protection. In addition to being original, inventions submitted for a patent must also be useful and nonobvious. In United States copyright law and the law of many other states, copyrights protect only original works of authorship, a property which has been historically and legally linked to a concept of "creativity".
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