Inventive Step - Concepts

Question 1

UK Test

Answer 1

s.3 PA77

An invention shall be taken to involve an inventive step if it is not obvious to a person skilled in the art, having regard to any subject matter which forms part of the state of the art by virtue only of s.2(2) (ignoring documents subject to s.2(3)).

Question 2

EPO Test

Answer 2

Art 56 EPC

An invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to the person skilled in the art (ignoring documents subject to Art 54(3)).

Question 3

Pozzoli test for obviousness

Answer 3

(i) identify the notional person skilled in the art;
(ii) identify the relevant common general knowledge of that person;
(iii) identify the inventive concept of the claim in question, or if that cannot be readily done, construe it;
(iv) identify what, if any, differences exist between the matter cited as forming part of the state of the art and the inventive concept of the claim or the claim as construed;
(v) viewed without any knowdge of the alleged invention as claimed, do those differences constitute steps which would have been obvious to the person skilled in the art or do they require a degree of invention?

Question 4

Problem-solution approach

T 1/80 Carbonless Copying Paper/BAYER [1981]

Answer 4

(i) determine the closest prior art
(ii) establish the objective technical problem to be solved
(iii) consider whether or not the claimed invention, starting from the closest prior art and the objective technical problem, would have been obvious to the skilled person.