What Is Patent Obviousness?
Innovation is evolving faster than ever, and patent law is struggling to keep pace. One of the most debated concepts in patent law today is “obviousness”—the legal standard used to determine whether an invention is sufficiently innovative to deserve patent protection. Across India, the United States, Europe, and other jurisdictions, courts and patent offices are redefining how they evaluate inventive step and non-obviousness, especially in technology-driven sectors like AI, software, biotechnology, and electronics.
Businesses, startups, inventors, and researchers filing patents today must understand how these changing standards can impact patent validity, prosecution strategy, and global protection. If you are planning to secure your invention, understanding the evolving landscape of Patent Obviousness Standards is now more important than ever.
What Is Patent Obviousness?
Patent obviousness refers to whether an invention would have been obvious to a person skilled in the relevant field at the time of filing. If an invention is considered obvious based on existing knowledge or prior art, the patent application may be rejected.
Different countries use different terminology:
India uses the concept of Inventive Step
The United States uses Non-Obviousness
Europe refers to Inventive Step under the Problem-Solution Approach
Although the wording differs, the core idea remains the same: patents should only be granted for genuine technical advancement.
Patent Obviousness Under Indian Patent Law
In India, Section 2(1)(ja) of the Patents Act defines inventive step as:
“A feature of an invention that involves technical advance or economic significance or both and makes the invention not obvious to a person skilled in the art.”
Traditionally, Indian patent examiners adopted a relatively strict approach toward inventive step. However, recent judicial decisions and updated examination guidelines indicate that India is gradually adopting a more nuanced and globally harmonized interpretation.
Key Trends Emerging in India
1. Greater Recognition of Technical Effect
Indian authorities are increasingly focusing on whether an invention produces a measurable technical effect rather than merely examining whether components already existed in prior art. This shift is especially relevant for software and AI-related inventions.
Examples of technical effects include:
Faster processing speed
Reduced memory consumption
Improved security
Better network efficiency
Enhanced machine performance
This approach benefits startups and tech companies filing software-based patent applications.
2. CRI Guidelines 2025 Are Reshaping Examination
The Indian Patent Office’s revised CRI (Computer Related Inventions) Guidelines 2025 have significantly influenced patent examination standards. The updated framework incorporates modern technologies such as AI, blockchain, machine learning, and quantum computing.
The guidelines emphasize:
Technical contribution analysis
Structured examination methods
Judicial precedents
Clarification of “computer program per se”
As a result, many inventions previously rejected as obvious or non-patentable may now receive more balanced evaluation.
3. Indian Courts Are Becoming More Innovation-Friendly
Indian courts have increasingly recognized that modern technological inventions often combine known elements in innovative ways. A combination is not automatically obvious merely because individual components were known previously.
This shift encourages deeper examination into:
Unexpected technical outcomes
Functional integration
Real-world industrial application
The result is a more practical and commercially aware interpretation of inventive step.
Global Changes in Patent Obviousness Standards
Patent systems worldwide are also undergoing transformation as emerging technologies challenge traditional legal principles.
United States: Flexible Obviousness Standards
The United States has historically applied the famous KSR v. Teleflex decision, which introduced a flexible and common-sense approach to obviousness analysis.
Recently, the USPTO issued updated guidance emphasizing:
Flexible interpretation of prior art combinations
Consideration of common knowledge
Stronger factual reasoning for obviousness rejections
Greater emphasis on objective evidence of non-obviousness
This means patent applicants must now provide stronger technical arguments and evidence showing why their invention was not predictable.
AI Is Changing the PHOSITA Standard
One major global development is the impact of AI on the “Person Having Ordinary Skill In The Art” (PHOSITA).
As AI tools become more capable, patent offices may assume that certain innovations are easier to achieve, making inventions appear more obvious. Legal experts are actively debating whether AI-assisted innovation raises the standard for patentability.
This trend may significantly affect:
Software patents
Machine learning inventions
Data optimization systems
Automated engineering solutions
Europe: Problem-Solution Approach Continues to Evolve
The European Patent Office (EPO) continues to apply the “problem-solution approach,” which involves:
Identifying the closest prior art
Determining the technical problem
Assessing whether the solution would have been obvious
European examiners increasingly focus on:
Technical contribution
Objective technical problems
Evidence-based analysis
This creates a relatively predictable but technically demanding examination framework.
Why These Changes Matter for Patent Applicants
Changing obviousness standards directly impact:
Patent approval chances
Litigation outcomes
Patent portfolio value
Investor confidence
Licensing opportunities
A poorly drafted patent application may now face stronger inventive step objections globally.
Businesses filing patents internationally must adapt their drafting strategy to meet evolving expectations across multiple jurisdictions.
Best Practices to Overcome Obviousness Rejections
1. Highlight Technical Advantages Clearly
Patent applications should explain:
Technical improvements
Unexpected results
Performance benefits
Efficiency gains
Clear technical storytelling improves patentability.
2. Use Comparative Data
Including experimental results or comparative performance data can strengthen inventive step arguments.
3. Draft Strong Problem-Solution Narratives
Explain:
What problem existed previously
Why prior art failed
How the invention solves the issue differently
This approach aligns well with global patent examination trends.
4. Avoid Broad Generic Claims
Overly broad claims are more vulnerable to obviousness objections. Carefully structured claim drafting improves enforceability.
5. File Strategically Across Jurisdictions
Patent standards differ across countries. A coordinated international filing strategy helps maintain stronger protection globally.
India’s Growing Role in Global Innovation
India is rapidly emerging as a major innovation hub with record patent filings and increasing domestic participation. Recent reforms, startup incentives, and modernization efforts are making the Indian patent ecosystem more competitive globally.
As innovation increases, scrutiny of inventive step and obviousness will continue to evolve.
Future of Patent Obviousness Standards
The future of patent law will likely involve:
AI-assisted patent examination
Data-driven prior art analysis
Stronger technical disclosure requirements
Increased scrutiny for incremental innovation
Greater harmonization between patent offices
At the same time, courts and patent offices must balance innovation protection with preventing monopolies on routine technological developments.
Final Thoughts
Patent obviousness standards are undergoing significant transformation in India and globally. Emerging technologies, AI-driven innovation, and judicial reforms are reshaping how inventive step is evaluated.
For inventors, startups, and enterprises, understanding these changes is essential for building strong and enforceable patent portfolios. A carefully drafted patent application that clearly demonstrates technical advancement and non-obviousness can substantially improve the likelihood of patent grant and long-term protection.
If you are planning to protect your innovation internationally, staying updated with evolving Patent Obviousness Standards can help you make smarter IP decisions and avoid costly prosecution challenges.