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11.5 Problem-and-solution approach
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In order to assess inventive step in an objective and predictable manner, the so-called "problem-and-solution approach" should be applied. Thus deviation from this approach should be exceptional.
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In the problem-and-solution approach, there are three main stages:
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(i)
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determining the "closest prior art", | |
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(ii)
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establishing the "objective technical problem" to be solved, and | |
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(iii)
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considering whether or not the claimed invention, starting from the closest prior art and the objective technical problem, would have been obvious to the skilled person. | |
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11.5.1 Determination of the closest prior art
11.5.2 Formulation of the objective technical problem
11.5.3 Could-would approach
