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Date Published

An objection of lack of inventive step only arises where it can be shown that a person skilled in the art would, in solving the problem, have taken the necessary steps to reach the claimed invention. In practice, this means that examiners will have to demonstrate that the claimed invention is one of:

Examiners must also be satisfied that the claimed invention does not involve:

In determining these matters, examiners must:

  • consider the prior art information in the context of a person skilled in the art attempting to solve the problem; and

  • rely on the common general knowledge as at the priority date of the claim.

In addition, there are a number of sub-tests that the courts have used as indicators of an inventive step. These will most likely arise at further report stage and involve consideration of:

(see Indicators of Inventive Step).

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