PA 3 - Inventive Step

Question 1

What is an Inventive Step

Answer 1

An invention comprises an inventive step if it is NOT OBVIOUS to a PERSON SKILLED IN THE ART, having regard to any matter which forms part of the state of the art by virtue of S2(2) (and disregarding S2(3))

Question 2

What is the test for Inventive Step

Answer 2

Windsurfer as modified by Pozzoli:

1)a) identify notional person skilled in the art
b) identify the relevant common general knowledge of that person
2) identify the inventive concept of the claim, or if it cannot be readily done, construe it
3) identify what, if any, differences exist between the state of the art and the inventive concept of the claim, or the claim as construed
4) Viewed without any knowledge 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 any degree of invention

Question 3

who is the skilled person

Answer 3

a hypothetical person (or team)
who is of average skill
not inventive
but knows all the prior art

Question 4

What is the “obvious” bit of the test

Answer 4

does the skilled person have a clear reason or direct motivation to make the particular modifications to the prior art?
is there a prejudice against an approach
is there a long-felt want

Question 5

What is the EP approach to I/S

Answer 5

Problem/Solution

Identify the closest prior art
Establish the objective technical problem to be solved
starting from the closest prior art, WOULD it have been obvious to the skilled person (Could/would approach)