Transcription of Obviousness and Inventive Step -New Differences
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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).
Inventive step is defined in the following terms: An invention shall be considered as involving an inventive step if, having regard to the state
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