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In the second stage, one establishes in an objective way the technical problem to be solved. To do this one studies the application (or the patent), the closest prior art and the difference (also called "the distinguishing feature(s)" of the claimed invention) in terms of features (either structural or functional) between the claimed
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.
13 Dec 2016 Problem-solution approach (incl. chemical aspects) If the problem prompts the skilled person to seek its solution in 3. Consider whether the claimed invention, starting from the closest prior art and the objective technical problem, would have been obvious to a skilled person. 7. EPO Guidelines. G-VII, 5
In order to assess inventive step in an objective and predictable manner, the so-called "problem-and-solution approach" should be applied. 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.
T 824/07, Guidelines G?VII, 5 – November 2015 version). On application of the problem and solution approach to claims comprising technical and non-technical aspects (especially in the case of computer-implemented inventions), see in this chapter I.D.9.1, and for its application to claims directed to chemical inventions,
1 Oct 2005 Treatment of non-technical features in the problem-solution approach at the EPO When assessing the requirement of inventive step, the problem-solution approach is generally to be used (see the Guidelines, C-IV 9.4). The problem-solution approach as developed by the Boards defines an invention to
Under the European Patent Convention (EPC), European patents shall be granted for inventions which inter alia involve an inventive step. The central legal provision explaining what this means, i.e. the central legal provision relating to the inventive step under the EPC, is Article 56 EPC. It provides that an invention, having
17 Feb 2010 PSA, according to the three steps given in the EPO Guidelines at least, finds such inventions obvious (the solution is obvious from the problem, so the steps given in the Guidelines say the invention is obvious). If you want to modify your approach to inventive step so that such inventions ARE found inventive
It is not necessary, moreover, that the invention be presented explicitly in problem-and-solution form. Any advantageous effects which the applicant considers the invention to have in relation to the prior art should be stated, but this should not be done in such a way as to disparage any particular prior product or process.
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