35 USC 103 – Conditions for patentability; non-obvious subject matter
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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.
Terms Used In 35 USC 103
- claimed invention: means the subject matter defined by a claim in a patent or an application for a patent. See 35 USC 100
- invention: means invention or discovery. See 35 USC 100