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guidelines problem solution
hindsight patent epo
g vii 7
inventive step problem and solution approach
epo guidelines g vii 12
no technical effect inventive step
epo alternative solution
epo guidelines closest prior art
An example of such a case would be where the originally stated problem is the provision of a product, process or method demonstrating some improvement, but where Thus the problem could be simply to seek an alternative to a known device or process which provides the same or similar effects or is more cost-effective.
It should be remembered that an invention which at first sight appears obvious might in fact involve an inventive step. Once a new idea has been formulated, it can often be shown theoretically how it might be arrived at, starting from something known, by a series of apparently easy steps. The examiner should be wary of ex
A claim may broadly define a feature in terms of its function, i.e. as a functional feature, even where only one example of the feature has been given in the description, if the skilled readerperson would appreciate that other means could be used for the same function (see also F?IV, 2.1 and F-IV, 4.10). For example, "terminal
To determine whether the claimed invention, starting from the closest prior art and the objective technical problem, would have been obvious to the skilled person, the boards apply the "could-would approach" (see also Guidelines G?VII, 5.3 – November 2015 version). This means asking not whether the skilled person could
European Patent Convention - This area contains legal texts from the EPO, including the European Patent Convention, Ancillary regulations to the EPC, National law relating to the EPC, Guidelines for Examination, and much more.
In other words, the point is not whether the skilled person could have arrived at the invention by adapting or modifying the closest prior art, but whether he would have done so because the prior art incited him to do so in the hope of solving the objective technical problem or in expectation of some improvement or
European Patent Convention - This area contains legal texts from the EPO, including the European Patent Convention, Ancillary regulations to the EPC, National law relating to the EPC, Guidelines for Examination, and much more. Could?would approach · 5.4 · Claims comprising technical and non?technical features.
whether the content of the disclosures (e.g. documents) is such as to make it likely or unlikely that the person skilled in the art, when faced with the problem solved by the invention, would combine them – for example, if two disclosures considered as a whole could not in practice be readily combined because of inherent
Guidelines for Examination temperature ranges or other parameters from a limited range of possibilities, and it is clear that these parameters could be arrived at by routine trial and error or by the application of normal The prescribed rates are merely those which would necessarily be arrived at by the skilled practitioner.
Annons