Obviousness Law and Legal Definition
According to 35 USCS § 103, a patent may not be obtained though the invention is not identically disclosed or described as set forth in 35 USCS § 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. In considering a claim of obviousness, the court must determine: (1) the scope and content of the prior art; (2) the differences between the claimed invention and the prior art and (3) the level of ordinary skill in the art. 35 USCS § 103. See also Merck & Co. v. Mylan Pharms., 19 F. Supp. 2d 334, 341 (E.D. Pa. 1998).
