2.5.2.3.1A Introduction

Date Published

Note: The information in this part only applies to standard patent applications with an examination request filed on or after 15 April 2013.  For all other standard patent applications, see 2.5.2.3.1 Introduction.

The starting point in the "problem-solution" approach to inventive step is identifying a problem that the claimed invention solves. The problem is the focal point for the analysis and provides a context for:

  • identifying the person skilled in the art;
  • determining the relevant common general knowledge;
  • determining, where applicable, whether the person skilled in the art could, before the priority date of the relevant claim, be reasonably expected to have combined the prior art information; and
  • evaluating the relevance of the prior art information and whether the person skilled in the art would have considered it a worthy starting point for further investigation or development.

Examiners should objectively determine a problem that the claimed invention solves. They should identify as narrow a problem as possible, but must avoid including any part of the solution in the phrasing of the problem, to avoid an ex post facto analysis of inventive step.