Patent and Invention Help Forum

Non-obviousness requirement in inventions that are systems and methods


Can you please give some advice with respect to the non-obviousness requirement for an invention relating to a system and method, e.g., a system and method (e.g., embodied in an application and a website) for characterizing people by their information-seeking behavior for buying property on the Internet? (the example is fictitious and I only introduce it to illustrate the point)

Thank you very much!

Kind regards,


  • Patent Agent
  • *****
  • 1949
  • Owner of PatentFile, LLC
    • View Profile
    • Patent File
Re: Non-obviousness requirement in inventions that are systems and methods
« Reply #1 on: December 04, 2021, 09:15:20 AM »
To be obvious, the initial burden in placed onto the patent examiner.  They must be able to find the same (or very similar) teachings in the prior art which could include past patents, articles, websites, etc.   They will then attempt to merge these together and make a statement that your work would be simple, routine, and odviouss to combine these.

It is then up to you (and your patent attorney) to demonstrate it is not obvious.  We have some tricks and methodologies we use to do this. 
My free patent template:

Hire Me:

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.


Menu Editor Pro 1.0.2 | Copyright 2014, Matthew Kerle