Problem-solution Approach At The EPO (2025) (Video)

At the EPO, inventive step is tested through the problem-solution approach. And the strongest tool you have is to let your patent application tell the story of the invention. So, what exactly is the problem-solution approach, and how can your invention story help?

The problem-solution approach is the EPO’s structured way of assessing inventive step, and it unfolds in three main steps. Step one is identifying the closest prior art, which is a single disclosure directed to a similar purpose or effect as the invention. Step two is defining the objective technical problem by comparing the invention with that prior art, identifying the distinguishing features, and examining the technical effects those features achieve. Step three is deciding on obviousness, by asking: Starting from the closest prior art and faced with the objective problem, would the skilled person arrive at the claimed invention? So how can a well-drafted patent application prepare for this test? A strong