Abstract
Small inventions have changed our lives in a great way and there is need to grant patent to such inventions due to their usefulness. The first part of this research paper deals with the evolution of such inventions. Several other thousands of inventions have been invented in the due course of time by making small changes in the earlier inventions. These inventions has always been challenged on the ground of non-obviousness doctrine. This non-obviousness doctrine developed differently in U.S, U.K and EU (European Patent Convention).Historical development of non-obviousness is dealt in great detail in the last part of the paper. Several other sub-tests that developed over a period of time has also been dealt in this paper. The authors conclude that no such sub-test can determine all the factors of patentability and there is a need to move towards the approach of case to case basis determination of patentability. But still in current scenario ‘commercial success test’ evolve as the best test to determine the obviousness of patent.
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