Inventive step

The inventive step reflects a general patentability requirement in most patent laws, according to which an invention should be sufficiently inventive (not obvious in view of the prior art using the skilled person’s common general knowledge) in order to be patented / the patent to be held valid. In the United States, rather than ‘inventive step’, the expression ‘non-obviousness’ is used: is the invention an adequate distance beyond or above the state of the art? The assessment of the inventive step varies from one country to another.  The European Patent Office uses the so-called problem-and-solution approach to assess inventive step, an instrument also used by several national European courts.

Case Law, Electrical Engineering, Exceptions to patentability, Industrial application, Inventive step, Poland

(Allen & Overy)/

In this case the Court confirmed beyond any doubt that the Polish Patent Office is not an administrative body that shall automatically approve patents granted by the European Patent Office. However, the Patent Office may not base its decision solely on its own convictions and the views expressed in the judgment of a British Court…