13. Inventive step assessment in the field of biotechnology 

In the field of biotechnology, a solution is considered obvious not only when the results are clearly predictable, but also when there is a reasonable expectation of success. For a solution to be obvious, it is sufficient to establish that the skilled person would have followed the teaching of the prior art with a reasonable expectation of success. Likewise, a mere "try and see" attitude in light of the closest prior art does not necessarily make the solution inventive.

However, a "reasonable expectation of success" is not to be confused with a "hope of success". If researchers are aware when starting their research that, in order to reach a technical solution, they will need not only technical skill but also the ability to make the right non-trivial decisions along the way, this cannot be regarded as a "reasonable expectation of success".

On the assessment of inventive step of antibodies, see G‑II, 6.2.