Inventive step
In addition to being novel, an invention must also posses an “inventive step” in order to be considered patentable.
The invention has an inventive step if it is not obvious to the person skilled in the art.
It can be difficult to assess the presence of an inventive step of an invention, and different methods are used in different countries. In Europe, the so-called Problem-Solution-Approach is used, which consists of a number of steps:
- The closest prior art to the invention is identified
- An objective technical problem is established based on the difference between the invention and the closest prior art
- If, based on the prior art and the objective technical problem, one could not expect the found solution of the invention, the invention has inventive step
Although different methods are used to find out whether the invention posses an inventive step or not, it can still be difficult to decide. If you have made an invention, we recommend that you contact VALUA to assess whether it is worthwhile to submit a patent application for the invention.