If others in the market have sold products that intended to meet a need or purpose but did not do so, the invention, if it meets that need or satisfies that purpose, is evidence of nonobviousness. Contradicting conventional wisdom . If the development of the invention goes against the grain of current thinking, it is likely the invention was not obvious. A combination patent is an invention that uses two or more previously well known elements and combines them to form a new product or device. Synergy is not a requirement, but it is evidence of nonobviousness.
Courts infer utility from infringement because it is rare that useless inventions are appropriated.
This defense is similar to the defense that the invention contained in the claims of a patent is not novel. Patent enforceability issues 1. The inventor must be candid with the PTO and fully disclose the invention, so that the public can enjoy it after the term expires. Disclosure must be sufficient that those of ordinary skill in the art can practice the invention based on the information provided in the patent without undue research or experimentation. Disclosure must be sufficient to put those of ordinary skill on notice of what constitutes an infringement of the patent.