Inventive step is a test that ensures that the novel feature of an invention is not trivial and adds a useful technical effect. This could be thought of as ensuring that the invention is 'clever' and adds something to the field of technology.
What is an inventive step WIPO?
Inventive Step (non-obviousness) - Rationale. An invention that is simply obvious in relation to the existing art would contribute very little, if anything at all, to the society. Granting the exclusive patent rights on inventions with minor.27 jul 2015
What is meant by inventive step?
According to Indian Patent Law, "inventive step" means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.
What is inventive step example?
For example of an inventive step, it's a fairly common fact in the gardening community that plants need water and vitamins to grow. An inventive step would be mixing the two in a product, because it's easy to assume that gardeners have been doing that for decades.
How do you identify an inventive step?
An invention, so far as claimed in a claim, involves 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 prior art base. The Patents Act 2013 requires that a claim for an invention involves an inventive step.
What is the difference between novel and inventive?
As adjectives the difference between inventive and novel is that inventive is of, or relating to invention while novel is new, original, especially in an interesting way.
What are the 3 criteria for patentable invention?
In the United States, in order to meet the litmus test of patentability, an idea must satisfy a three-pronged test of novelty, non-obviousness, and utility. Also, the invention must not have been in public use or sale in the US for more than one year prior to date of filing the patent application.
Why are inventive steps important?
The inventive step is used to find out if the patent is in fact for a new item or just an obvious improvement on an existing item. Inventive steps make sure patents aren't awarded to existing inventions that the "inventor" just improved upon.
How do you prove an invention is inventive?
- the invention must have prominent substantive features; and.
- the invention must represent notable progress.