Inventive Step and Non-obviousness

Inventive Step And Non-obviousness

The inventive step and non-obviousness reflect a same 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. In other words, " nonobviousness principle asks whether the invention is an adequate distance beyond or above the state of the art."

The expression "inventive step" is predominantly used in Europe, while the expression "non-obviousness" is predominantly used in United States patent law. 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.

Read more about Inventive Step And Non-obviousness:  Rationale

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