Lecture
An invention involves an inventive step if, for a person skilled in the art, it does not follow in an obvious manner from the prior art. For utility models this criterion is not included in the notion of patentability.
INVENTIVE STEP - a qualitative characteristic of an invention, the criterion for which is the fulfilment of at least one of the following conditions: (a) the problem to be solved was formulated for the first time by the author; (b) the author was the first to indicate the way in which a problem posed before him could be solved; (c) the author was the first to indicate the technical means by which the problem posed could be solved. In practice there are cases where a technical solution to a problem is recognised as new and industrially applicable, yet constitutes the solution of a known problem, carried out in a known way, by known means. Such a solution does not involve an inventive step.
This criterion determines the patentability of both inventions and utility models. As a general rule, an invention is industrially applicable if it can be used in industry, agriculture, health care and other branches of activity. Industrial applicability is determined by an examiner of the relevant department of the Federal Executive Body for Intellectual Property.
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