Austria: 4 Ob 17/15a, Supreme Court of Justice of Austria, 22 September 2015
Kluwer Patent Blog
November 16, 2016
Please refer to this post as:, ‘Austria: 4 Ob 17/15a, Supreme Court of Justice of Austria, 22 September 2015’, Kluwer Patent Blog, November 16 2016, http://patentblog.kluweriplaw.com/2016/11/16/austria-4-ob-1715a-supreme-court-of-justice-of-austria-4-ob-1715a-22-september-2015/
An invention is considered to involve an inventive step pursuant to Sec 1 Para 1 of the Austrian Patent Act (which corresponds to Art 56 EPC) if it is obvious to the skilled person based on prior art. This is not already the case when the skilled person could arrive at the invention based on prior art, but only if he would have actually proposed it in expectation of some improvement or advantage due to sufficient reasons thereto. This examination can be carried out by applying the problem-solution approach used by the European Patent Office.