The assessment of inventive step is a legal assessment which can be reviewed by the Supreme Court through what is known as the “cassational appeal”. The Supreme Court confirms the validity and suitability of the “problem-and-solution approach” to assess the inventive step requirement and that it is not sufficient that the expert in the field could have opted for the solution proposed by the patent applicant. The relevant consideration is whether he/she would have made this election (“could-would approach”).

The Supreme Court also confirmed the requirements for indirect infringement.

A full summary of this case has been published on Kluwer IP Law.

 


_____________________________

To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.


Kluwer IP Law

The 2021 Future Ready Lawyer survey showed that 81% of the law firms expect to view technology as an important investment in their future ability to thrive. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF