The Jump Scare of Patents: Why Does Patent Law Require Inventions to Be ‘Non-Obvious’?

What does it mean for an invention to be “obvious,” beyond that you can’t get a patent on an invention if it is?

The obviousness issue with patents means your invention has to be a true step forward, not something a professional in your field would figure out easily.

A new guitar pedal that just adds an existing type of reverb in a slightly different way? Probably not patentable. But a pedal that uses a totally new principle to create a sound no one has ever heard before? Now you’re talking.

If you’re a special effects artist and invent an improvement on realistic-looking prop body parts by adding something common in the toolkit of special effects artists. That may be considered “obvious.” But if you use a material that’s from, say, the automotive industry that’s kind of a wild idea to use? Groovy!

The law rewards true innovation. Don’t just be obvious. Be original and think of unexpected solutions to problems!

Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it. You don’t have to face the darkness alone, though.

I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I’m an attorney in Champaign-Urbana, Illinois, but I serve intellectual property clients nationwide.

If you’d like to consult with me, you can use my contact form or book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.

Please check out the other posts and pages on my website for more information on patents and other intellectual property and business law issues. I’m also on most major podcast platforms as “Know Your Rights: Your Intellectual Property and Business Law Playbook” (video on YouTube, Spotify, and Substack only) and on most social media as @kingpatentlaw.

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Julie King

Julie is a licensed patent attorney and the founding attorney at King Patent Law, PLLC, with over 25 years of legal experience. Her practice focuses on intellectual property, business, and estate planning, and she's passionate about helping clients use IP tools to protect and grow their businesses. When she's not helping clients, you can find her at a live rock show, watching a horror movie, or playing the guitar (badly).
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This content is for informational and educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney.

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