Читать книгу Intellectual Property Law for Engineers, Scientists, and Entrepreneurs - Howard B. Rockman - Страница 119

As mentioned in Chapter 6, the inventor cannot obtain a patent if the differences between the subject matter sought to be patented and the prior art are such that, at the time a patent application is filed, the subject matter as a whole would have been obvious to a person having ordinary skill in the art to which the subject matter pertains. Thus, you must furnish sufficient information to the patent attorney as to the relevant prior art and prior activities that you are aware of to allow the patent attorney to determine whether or not any differences between your invention and the prior art could be considered obvious. This is a cost benefit consideration, since it is folly to file a patent application where you are advised that a patent may never be obtained because the differences between the invention and the prior art would be obvious to one skilled in the art.