Hindsight in Assessment of Inventive Step

January 27, 2023By Julia D'ArcyPatents, Prior Art

The EPO favours the problem-solution approach in the assessment of inventive step. This involves identifying the closest prior art, as the prior art document that provides the most promising starting point for an obviousness attack. However, the step of identification of the closest prior art in the problem-solution approach creates a potential tension with one of … Read More

EPO Assessment of Inventive Step when an Unusual Parameter is Claimed

December 2, 2022By Julia D'ArcyEPO, Patents, Prior Art, Uncategorized

Before the EPO, the standard requirement is that the technical effects of a claimed invention and that of the closest prior art can be directly compared. Where a claimed invention is described through reference to “an unusual parameter” such comparison is difficult. Recent EPO Board of Appeal decision T 0555/18 is a caution against defining an … Read More