Obviousness and Inventive Step -New Differences

Obviousness and Inventive step -New Differences ? John Richards Ladas & Parry LLP 1. Introduction In a paper resented at the Fordham Conference two years ago, I asked the question when considering the requirement of non- Obviousness or Inventive step in patent law is what is the requirement for? .1 Implicit in the question was the idea that these requirements had the same purpose. Internationally, it has been agreed that the term non-obvious used in the United States statute and possession of an Inventive step as required by the laws of many other countries are synonymous (see the footnote to Article 25 of TRIPs). Rule of the PCT Regulations draws a similar parallel. The last two years have, however, seen developments on both sides of the Atlantic. In the United States, the Supreme Court has spoken on the question for the first time in three decades. In Europe, the amended version of the European Patent Convention2 has come into effect providing the EPO with more arguments to support its view that Inventive step requires a technical solution to a technical problem.

Obviousness and Inventive Step -New Differences? John Richards . Ladas & Parry LLP . 1. Introduction. In a paper resented at the Fordham Conference two years ago, I asked the question when

Loading..

Tags:

  Step, Differences, Inventive, Obviousness and inventive step new differences, Obviousness

Information

Related search queries