3. Closest prior art
- T 1571/19
Most promising springboard toward the claimed invention too short to allow the skilled person to reach out to cited secondary document and to overcome the considerable gap separating the closest prior art from the claimed subjectmatter (reasons 3.35 to 3.39)
- T 2759/17
A disclosure within a prior art document can only be considered to represent a suitable starting point for assessing inventive step if the skilled person would have realistically started from it. An important consideration in this assessment generally is whether this disclosure aims at the same or a similar purpose or effect as that underlying the patent in question (see in particular 5.3 to 5.6 of the Reasons).
- Annual report: case law 2022
- Summaries of decisions in the language of the proceedings