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Inventive step and non-obviousness
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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.[1] In other words, "[the] nonobviousness principle asks whether the invention is an adequate distance beyond or above the state of the art".[2]
The expression "inventive step" is used in European Patent Convention and in Patent Cooperation Treaty, while the expression "non-obviousness" is predominantly used in United States patent law.[1] The expression "inventiveness" is sometimes used as well.[3] Although the basic principle is roughly the same, the assessment of the inventive step and non-obviousness varies from one country to another. For instance, the practice of the European Patent Office (EPO) differs from the practice in the United Kingdom.
- ^ a b Barton, John H. (2003). "Non-Obviousness". IDEA. 43 (3): 475–506.
"Non-obviousness," or, as known in Europe, "inventive step" is one of four traditional (and widely accepted) requirements for the grant of a patent.
- ^ Barton, John H. (2003)
- ^ Kiklis (2014). The Supreme Court on Patent Law. Aspen Publishers Online. pp. 6–12. ISBN 9781454847748.
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