How is inventive step evaluated in international patent applications?
Inventive step (also known as non-obviousness) in international patent applications is addressed in MPEP 1878.01(a)(2) and PCT Article 33(3). The MPEP states:
“For purposes of the international preliminary examination, a claimed invention shall be considered to involve an inventive step if, having regard to the prior art as defined in the Regulations, it is not, at the prescribed relevant date, obvious to a person skilled in the art.”
PCT Rule 65.1 further specifies that the examination should consider:
- The relation of any particular claim to the prior art as a whole
- The claim’s relation to individual documents or parts thereof
- The claim’s relation to combinations of documents or parts of documents, where such combinations are obvious to a person skilled in the art
This approach ensures a comprehensive evaluation of the inventive step, considering both individual prior art references and their combinations.
To learn more: