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The inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive—i.e., non-obvious—in order to be patented.
Feb 1, 2023 · What Is the Inventive Step? The inventive step is used to find out if the patent is in fact for a new item or just an obvious improvement on an existing item. Inventive steps make sure patents aren't awarded to existing inventions that the "inventor" just improved upon.
Inventive step (non-obviousness) requirement In general, inventive step (non-obviousness) provisions in the laws lay down general principles. Suitable for the application of the patentability criteria to each inventions on its merits. Accommodate future unforeseeable technological developments.
The Patents Act 2013 requires that a claim for an invention involves an inventive step. A claim involves an inventive step if it is not obvious to a person skilled in the art, having regard to any matter which forms part of the prior art base. An overview of inventive step was provided by Lord Hoffmann in Biogen Inc v Medeva plc [1997] RPC 1 at 34:
An invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art. If the state of the art also includes documents within the meaning of Article 54, paragraph 3, these documents shall not be considered in deciding whether there has been an inventive step.
Aug 26, 2022 · An invention needs to involve an inventive step, meaning that it may not be obvious for a person skilled in the art. Patents in most countries are granted for inventions that are new, involve an inventive step and are susceptible of industrial application.
According to Indian Patent Law, "inventive step" means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.
Although there is no inventive step if it is clear from the prior art that taking that step is likely to lead to success, there may be invention if that is only one of many courses possible,...
Step 1: Identify the person skilled in the art and their relevant common general knowledge (CGK) Step 2: Identify the inventive concept of the claim in question or if that cannot readily be done, construe it.
Meaning of Inventive Step. 13.01 A claimed invention is considered to involve an inventive step if, having regard to the prior art as defined in the Regulations (see paragraph 11.01 ), it is not, at the relevant date (see paragraphs 11.02 to 11.05) obvious to a person skilled in the art.
