Inventive step, or non-obviousness, is a general requirement
present in most patent laws, according to which an invention shall
be sufficiently inventive. The sufficient inventiveness, in
essence, is a proper balance between the inventiveness for
encouraging innovation and the temporary monopolies conferred by
the patent system. In China, to assess the inventiveness, a
problem-solution analysis is conducted by applying a three-step
approach1 . This article provides some practical
insights with respect to how to rebut a lack-of-inventiveness
rejection by looking beyond the three-step analysis.
The Rejections
In principle, it is desirable to set up an objective standard to
evaluate the inventiveness of an invention, but in practice,
subjective factors are always involved in the assessment of
inventive step2. It may have a significant effect on the
Examiner for granting a patent right if the applicants can grasp
the key point of the invention and pertinently prepare a
