“genius of Art

2 as a critical element of the United States patent system. The requirement mandates that, at the time of invention, an invention must not have been obvious to a person having ordinary skill in the art. In effect, this screens routine improvements out of the patent system and rewards inventions perceived to be scientific breakthroughs. Recent Supreme Court cases developing non-obviousness highlight the requirement’s contemporary importance in patent law, 6 but this was not always the case. Non-obviousness requirements were noticeably absent from the early patent system, which required only utility and novelty.