Part G – Patentability
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  6. Chapter VII
  7. 4. Obviousness
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Chapter VII – Inventive step

Overview

4. Obviousness 

The question to consider in relation to any claim defining the invention is therefore whether, before the filing or priority date valid for that claim and having regard to the art known at the time, it would have been obvious to the skilled person to arrive at something falling within the terms of the claim. If so, the claim is not allowable for lack of inventive step. The term "obvious" means that which does not go beyond the normal progress of technology but merely follows plainly or logically from the prior art, i.e. something which does not involve the exercise of any skill or ability beyond that to be expected of the skilled person. In considering inventive step, as distinct from novelty (see G‑VI, 3), it is fair to construe any published document in the light of knowledge up to and including the day before the filing or priority date valid for the claimed invention and to consider all the knowledge generally available to the skilled person up to and including that day.

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