Inventive step and non-obviousness
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The inventive step and non-obviousness reflect a same general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive — i.e., non-obvious — in order to be patented.
The expression "inventive step" is predominantly used for instance in Germany, in the United Kingdom and under the European Patent Convention (EPC), while the expression "non-obviousness" is predominantly used in United States patent law. Although the basic principle is roughly the same, the assessment of the inventive step and non-obviousness varies from one country to another. For instance, the practice of the European Patent Office (EPO) differs from the practice in the United Kingdom.
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See also
- Hotchkiss v. Greenwood (United States Supreme Court, 1850)
- Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp. (United States Supreme Court, 1950)
- Flash of genius (former United States patentability test)
- Level of invention
- Priority right
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