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ARTICLE · 24 AUGUST 2016

Non-Obviousness: Comparison Between India, Europe And The US

The European Patent Convention states that for an invention to be patentable it must be new and it must involve an inventive step.

GlobalIntellectual Property

What can be patented is a question that is often asked by inventors. It is always better to have a heads up on what can be patented in order to determine the patentability of an invention before filing for a patent. Our previous blog post has comprehensively explained the patentability requirements. The patentability requirements may be summarized as below:

1. Novelty

2. Non-obviousness

3. Capable of Industrial Application

Of the aforementioned requirements, the requirement of non-obviousness is relatively controversial given the fact that there is no set standard for determining whether an invention is obvious or not. Non-obviousness means the invention must not be obvious to a person skilled in the same field as the invention relates to. This is, therefore, a subjective requirement that varies from one invention to another. In order to circumvent this subjectivity, different jurisdictions have adopted different criteria for determining whether an invention

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