Australia's highest court rewrote the rules on inventive step in a decision in May. Bill Bennett explains what the ruling means for patent applicants On May 23 2007, the Australian High Court handed ...
Lawyers at Lavoix provide an overview of the UPC’s approach to inventive step and whether the forum is promoting its own approach rather than following the EPO In patent litigation in Europe, validity ...
In Europe, the inventive step is generally assessed by applying the 'problem/solution' approach, which consists of three main stages: first, determining the 'closest prior art'; second, establishing ...
In Europe and the US, patentability depends on a showing of inventiveness that is based on similar legal requirements but practice differs substantially and the resulting patent quality varies.
“U.S. courts have made clear that mere plausibility is not the test for enablement, finding that patentees could otherwise obtain patent rights to purported inventions consisting of little more than ...