Being Aware Of How Inventive Step Is Determined In Japan. Part 1

Inventive step is the most formidable hurdle among patent registration requirements. Many applicants struggle to overcome this hurdle, and it is the most common reason for rejecting patents by patent examiners in Patent Offices. This being among the main "reasons for refusal" generated by the PTO's around the world, brings many patent attorneys to tears.

In Japan, the reason for rejection is that the criteria for judging inventive step may differ slightly depending on the examiner of the JPO (Japan Patent Office). The standard applied when judging whether or not there is inventive step also differs depending on the technical field. Furthermore, if the judgments are different within the JPO (between the examination department and the appeal department), the judgments may indeed be different between the JPO and the court.