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Epo guidelines could would: >> http://mze.cloudz.pw/download?file=epo+guidelines+could+would << (Download)
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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.
12 Jan 2017 Here is a commented summary extracted from the EPO Guidelines for Examination G-VII-5 which states that when assessing inventive step the The EPO favors a « could-would » approach which runs along these lines: the point is not whether the skilled person could have arrived at the invention by
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.
Could?would approach. In the third stage the question to be answered is whether there is any teaching in the prior art as a whole that would (not simply could, but would) have prompted the skilled person, faced with the objective technical problem, to modify or adapt the closest prior art while taking account of that teaching,
However, if, having regard to the state of the art, it would already have been obvious for a skilled person to arrive at something falling within the terms of a claim, for example due to a lack of alternatives thereby creating a "one-way street" situation, the unexpected effect is merely a bonus effect which does not confer
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
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
considering whether or not the claimed invention, starting from the closest prior art and the objective technical problem, would have been obvious to the skilled person. 5.1 Determination of the closest prior art · 5.2 Formulation of the objective technical problem · 5.3 Could?would approach · 5.4 Claims comprising technical
If it can be fairly assumed that he would do so, it must be concluded that no novelty exists. In T 26/85, the skilled person could not seriously contemplate working in the area of overlap, since the prior art surprisingly contained a reasoned statement clearly dissuading him from choosing said range, although the latter was
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