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Topic: Inventive step

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	Untangling Technical Contribution and Inventive Step (Site not responding. Last check: 2007-11-07)
		The inventive step shall be assessed by consideration of the difference between all of the technical features included in the scope of the patent claim considered as a whole and the state of the art, irrespective of whether or not such features are accompanied by non-technical features.
		The inventive step shall be assessed by consideration of the difference between the overall technical features in the patent claim and the state of the art, irrespective of whether or not such features are accompanied by non-technical features.
		It is a condition for inventions in general that, in order to involve an inventive step, they should show a significant difference between the overall technical characteristics in the patent claim and the state of the art.
	wiki.ffii.org /JuriInvstep0505En (849 words)

	Major Issues in the Thai Patent System
		The evaluation of inventive step is focussed on qualitative distinction of the claimed invention and the existing inventions in the same field.
		An invention possesses an inventive step if it is not technically or practically obvious, with respect to the state of the closest art, in the view of a skilled person.
		For the purpose of assessment of inventive step in an objective way, one must put himself in the position of a skilled man, being deemed to have the common general knowledge in that field, at the filing date or the priority date.
	members.tripod.com /asialaw/articles/jakpat3.html (1232 words)

	PATENTABILITY REQUIREMENTS
		To qualify for a patent, an inventor must show that his or her invention is novel, manifests an "inventive step" (i.e., that the invention was nonobvious) and is industrially applicable.
		The inventive step is often evaluated by considering the "unexpected" or "surprising" effect of the claimed invention.
		In establishing the existence of inventive step, it is generally necessary to consider not only the knowledge derived from a single prior document, but also the combined knowledge of existing literature, patent documents and other prior art.
	www.southcentre.org /publications/publichealth/publichealth-06.htm (2993 words)

	Inventive step and non-obviousness - Wikipedia, the free encyclopedia
		The inventive step and non-obviousness reflect a same general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive, i.e.
		The expression "inventive step" is predominantly used for instance in Germany, in the United Kingdom and under the European Patent Convention (EPC), while the expression "non-obviousness" is predominantly used in United States patent law.
		Although the basic principle is roughly the same, the assessment of the inventive step and non-obviousness varies from one country to another.
	en.wikipedia.org /wiki/Inventive_step (1241 words)

	1845.01 Preparing the Written Opinion of the International Searching Authority (Form PCT/ISA/237) [R-3] - 1800 Patent ...
		If some or all of the claims of an application relate to subject matter for which it is not required to establish a written opinion concerning novelty, inventive step and industrial applicability, check the appropriate box, indicate which claims relate to that subject matter and specify the reasons.
		If the claims lack inventive step over a combination of references, the reasons must explain why one of ordinary skill in the art would have been motivated to combine the teachings of the applied references.
		Claim [1] an inventive step under PCT Article 33(3) as being obvious over the prior art as applied in the immediately preceding paragraph and further in view of [2].
	www.uspto.gov /web/offices/pac/mpep/documents/1800_1845_01.htm (2604 words)

	Ladas & Parry EPO Practice Guide - Inventive Height or Non-Obviousness
		One of the earliest Board of Appeals decisions stated that, "the inventive step (required by the EPO) should not be below what may be considered the average amongst the standards presently applied by the contracting states." Thus patentees would have a fair degree of certainty if their patents were litigated in a national court.
		Assessment of the inventive step of a chemical invention...has to be preceded by a determination of the technical problem based on objective criteria.
		When assessing inventive step it is not a question of the subjective achievement of the inventor.
	www.ladas.com /Patents/PatentPractice/EPOPractice/EPOPractGuide-5.html (1110 words)

	New Indian Patent Law, A Sell Off By Alternative Law Forum (Site not responding. Last check: 2007-11-07)
		The above provision arguably broadens the existing provision to the benefit of patent holders and is ambiguous to the extent that it allows for two criteria for meeting an inventive step.
		As it stands, to meet an inventive step criteria the patentee will either have to show that the invention includes a technical advance or has economic significance, or both.
		The provision should have required the applicant to comply with both requirements for an inventive step, namely existing knowledge and having economic significance and delete the term or both.
	www.countercurrents.org /gl-alf240305.htm (1785 words)

	Untitled Document
		This document relates only to the provision of design services known as 'First Step Forward' by Inventive Step to the client in return for a fee.
		The project may be progressed beyond 'First Step Forward' either by the agreement of a feasibility or development stage or a 'payment on results' technology licence.
		Inventive Step claims all rights described within the outline patent specification delivered as part of 'First Step Forward'.
	www.inventivestep.com /lev1/terms.htm (323 words)

	IPKat - fishing for IP stories for YOU
		These steps may not bring immediately noticeable results on the streets of Tashkent, but they are welcome anyway: building an IP infrastracture's a long-term project.
		Although the examiner has argued on the basis of lack of inventive step, it is perhaps more appropriate to start any consideration with the question of novelty.
		Each element was previously disclosed, so could not be novel or inventive, and there was no invention to be had from the combination, since the non-inventive skilled person in the art would be able to combine them.
	ipkitten.blogspot.com /2006/06/treaty-news-word-on-collocations.html (1395 words)

	Does 'inventive step' work, asks Patent Office? \| OUT-LAW.COM
		"An inventive step requirement which is too difficult for applicants to achieve could result in inventions that might deserve a patent not receiving protection, thus hindering the applicant in research and investment,” said Patent Office Chief Executive Ron Marchant, launching the consultation.
		“Alternatively, the danger of an inventive step which is too easy to meet is that patents could be obtained for small changes or improvements which hamper the legitimate activities of third parties,” he said.
		The consultation therefore seeks comments on whether the existing system meets the objective of the Patents Act, the impact on the role of the patents system in the economy, its effect on third parties, consistency and harmonisation with other countries, patent quality and whether any aspect of the inventive step requirement should be modified.
	www.out-law.com /page-6609 (341 words)

	M.P.E.P. Section 1878.01, Prior Art Under Chapter II Article 33 (BitLaw)
		In determining whether there is inventive step, account should be taken of what the applicant acknowledges in his/her description as known.
		Inventive Step Under Chapter II Inventive step is defined in PCT Article 33(3).
		For the purposes of Article 33(3), the relevant date for the consideration of inventive step (non-obviousness) is the date prescribed in Rule 64.1.
	www.bitlaw.com /source/mpep/1878_01.html (637 words)

	Patent & Trademark Consultants India IPR & Copyright Consultants India
		Invention means a new product or process involving inventive step and capable of industrial application.
		For an invention to be patentable, it must be new, useful and non-obvious.
		Inventive step is defined as 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 the person skilled in the art.
	www.trademarksconsultant.com /patent-registration.htm (540 words)

	THE EUROPEAN UNION "SOFTWARE PATENTS" DIRECTIVE: WHAT IS IT? WHY IS IT? WHERE ARE WE NOW?
		This convention provides that, in order to be patentable, an invention has to be susceptible to industrial application, new and involve an inventive step.
		and is an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art.
		When assessing whether an inventive step is involved it is usual to apply the problem and solution approach in order to establish that there is a technical problem to be solved.
	www.law.duke.edu /journals/dltr/articles/2005dltr0011.html (4612 words)

	EBSCOhost
		The inventive step provisions were also adjusted to now allow prior art documents to be combined if a person skilled in the art could be reasonably expected to have ascertained, understood and regarded them as relevant and combined them.
		The test is whether the hypothetical addressee faced with the same problem would have taken as a matter of routine whatever steps might have led from the prior art to the invention, whether they be the steps of the inventor or not.
		The second basis was the assertion that Firebelt had gone beyond the disclosures in the presentations by identifying the need to open the lid and solving that "problem" by claiming the use of a lid-opening device located on the loading mechanism ((2002) 188 IPR 280 at 293 (para 52)).
	www.sristi.org /mdpipr2005/day1/webber.htm (3495 words)

	APLF Alert: The Emperor Sports Decision: Ramifications for the Law of Inventive Step in Australia
		Under Australian Patent Law, an invention is taken to involve an inventive step when compared with the prior art base unless the invention would have been obvious to a person skilled in the art in light of the common general knowledge (defined in sub-section 7(2) of the Australian Patents Act 1990).
		Consequently, the US patent specifications were removed from the inventive step considerations and the invention was found to have the requisite inventive step.
		For further or more specific information on the law of inventive step in Australia, please contact Chris Owens (cowens@fbrice.com.au), Marcus Caulfield (mcaulfield@fbrice.com.au) or any of the other practitioners of FB Rice and Co via our website at www.fbrice.com.au.
	www.aplf.org /mailer-private/issue2006-22.html (1019 words)

	1878.01 Preparation of the Written Opinion in International Applications Having an International Filing Date Before ...
		All claims without fatal defects are treated on the merits in Item V as to novelty, inventive step (nonobviousness) and industrial applicability.
		If the claims, the description, or the drawings are so unclear, or the claims are so inadequately supported by the description, that no meaningful opinion can be formed on the question of novelty, inventive step (nonobviousness) or industrial applicability, the applicant is so informed in Item III (PCT Article 34(4)(a)(ii)).
		Normally only in those international applications where all the formal matters are proper and the claims are directed to inventions which have novelty, inventive step and industrial applicability will an international preliminary examination report be established without a written opinion having been issued first.
	www.uspto.gov /web/offices/pac/mpep/documents/1800_1878_01.htm (3835 words)

	Patenting in the Field of Nanotechnology
		Inventive step is likely to be a more frequent objection.
		The European Patent Office, for example, has already established that simply reducing dimensions is not enough to establish an inventive step.
		The board held that reducing the dimensions was a generally desirable measure and, in the absence of any unexpected and advantageous results or the overcoming of any technical difficulties, found the that the claim lacked inventive step and hence the patent was not valid.
	www.azonano.com /details.asp?ArticleID=1055 (1112 words)

	Eastern Book Company - Practical Lawyer
		For an invention to be patentable as per TRIPS, the invention shall be "new", having "inventive step" and "capable of industrial application".
		It is the application of inventive faculty or the extent of human intervention that is traditionally treated as inventive step in India.
		The US courts in a number of cases interpreted the term and it is different from inventive step, as we understand in India.
	www.ebc-india.com /lawyer/articles/2001v1a2.htm (5914 words)

	[No title] (Site not responding. Last check: 2007-11-07)
		Furthermore, B can establish the right to the US patent provided B can show diligence from conception to filing, which is also known as constructive reduction to practice (CRTP).
		The examiner has time limits prescribed by Rule 69.2 28 months from priority date if demand was before 19 months 9 months from start of IPE Q: A, a US company, wants to file a PCT application and to choose the EPO as both ISA and IPEA.
		The second invention is still available, the PCT/ISA lack of unity decision is not binding at the national stage, but the national offices will not have the benefit of an ISA report on the second invention.
	www.walaw.com /intl-pat (1775 words)

	SSRN-On the Effectiveness of Novelty and Inventive Step as Patentability Requirements - Structural Empirical Evidence ...
		Novelty and non-obviousness (inventive step) are patentability requirements designed to ensure a minimum of technological quality for protected inventions.
		Their effectiveness requires the assumption that private values of patents are positively correlated with technological quality as defined by the patent offices.
		Applying the model to polymer patent data between 1978 and 1990, the paper eventually confirms the assumption that for the chosen sample, objective technological quality enhances the private value of a patent and supports the effectiveness of novelty and inventive step as policy levers.
	papers.ssrn.com /Sol3/papers.cfm?abstract_id=745568 (434 words)

	John Lambert Patents Obviousness
		of the EPC provides that 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.
		For the purpose of this article, the content of a European patent application filed before but published after the filing of a subsequent European patent application does not form part of the state of the art..
		"When want of novelty was asserted, the thing or process claimed as an invention was assumed to be an invention that is the product of the inventive faculties; but it was said that it was not now at the date of the patent, having been earlier invented and disclosed to the public.
	www.ipit-update.com /pat08.htm (449 words)

	Supreme Court Ruling on Inventive Step in Giuliani vs. Sofar (Site not responding. Last check: 2007-11-07)
		Assessment of the existence of an inventive step in a patented drug must take into account whether the invention changes the relationship between structural formula and use with respect to the state of the art.
		The invention described by Giuliani’s patent was a use of the drug that was therefore to be considered similar to the use described in the earlier patent.
		Although in theory such an application could be considered new, the subject matter of Giuliani’s patent did not change the relationship between the drug’s structural formula and its use with respect to the state of the art, and therefore did not satisfy the inventive step requirement of Italian patent law.
	www.sib.it /engsib/novita/pat/020403.htm (359 words)

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