EUROPEAN PATENT CONVENTION - Table of Contents Convention on the Grant of European Patents (European Patent Convention) PART II - SUBSTANTIVE PATENT LAW Chapter I - Patentability   Article 56 - Inventive step

Article 5644 Inventive step

Art. 52, 100, 138 R. 30, 42, 61

An invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art. If the state of the art also includes documents within the meaning of Article 54, paragraph 3, these documents shall not be considered in deciding whether there has been an inventive step.

44 See decisions/opinions of the Enlarged Board of Appeal G 2/98, G 3/98, G 2/99, G 1/03, G 2/03 (Annex I).