Patents generally require that it contains an inventive step. Inventive step is one which contains enhancement in existing technology, process, knowledge or even economic significance or contains both.
Inventive step is basic requirement of almost all patent laws which is basic requirement towards patentability.
Some countries state Inventive step as basic requirement or Non obviousness. Inventive step is one which makes invention non obvious. Non obvious and Inventive step are thus exchangable.
Natural findings or laws existing in nature are not qualified to be patents even they might have economic significance. These laws were already existed and inventor mere found them.
Patent laws suggests that any invention contains inventive step or non obvious, if it is non obvious for person skilled in that art.
To measure inventive step invention has to be seen as a whole and not in parts. It means that different components of invention are to be seen together to determine inventive step. Invention cannot be determine obvious if all the parts taken seperately are known or found to be obvious.
If thus invention combines known or obvious parts then before declaring it as obvious it is neccessary to show that combination of these parts are obvious.
It is only neccessary to show to demonstrate non-obviousness that the techincal problem invention is solving is in surprising and unexpected way.
Does the non inventing mind would have thought of alleged invention? This is the question needs to be answered before determining Inventive step.
No comments:
Post a Comment