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35 U.S.C. § 103 — Conditions for patentability; non-obvious subject matter

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 87 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets the "non-obvious" rule for patents. Even if an invention isn't identical to something in the prior art, it still can't be patented if the differences would have been obvious to a skilled person in that field before the filing date. How the invention was actually made doesn't matter.

This section is not split into lettered parts. A patent cannot be granted for a claimed invention — even though it isn't exactly the same as something already disclosed under section 102 — if the differences between the claimed invention and the prior art are small enough that the whole invention would have seemed obvious, before its effective filing date, to a person with ordinary skill in that field. The way the invention was actually created does not affect whether it counts as patentable under this rule.
the actual law source: uscode.house.gov ↗public domain

A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.

Source credit: (July 19, 1952, ch. 950, 66 Stat. 798; Pub. L. 98–622, title I, § 103, Nov. 8, 1984, 98 Stat. 3384; Pub. L. 104–41, § 1, Nov. 1, 1995, 109 Stat. 351; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4807(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–591; Pub. L. 108–453, § 2, Dec. 10, 2004, 118 Stat. 3596; Pub. L. 112–29, §§ 3(c), 20(j), Sept. 16, 2011, 125 Stat. 287, 335.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 798
  • 1984Amended · Pub. L. 98-622 · 98 Stat. 3384
  • 1995Amended · Pub. L. 104-41 · 109 Stat. 351
  • 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
  • 2004Amended · Pub. L. 108-453 · 118 Stat. 3596
  • 2011Amended · Pub. L. 112-29 · 125 Stat. 287, 335

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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