Guidelines for Examination
PART C
CHAPTER IV PATENTABILITY
9. Inventive step
9.1 General
 

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PART C
CHAPTER IV PATENTABILITYCHAPTER IV PATENTABILITY
9. Inventive step9. Inventive step
       9.2 State of the art; date of filing9.2 State of the art; date of filing  
 

9.1

General

 

An invention is 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. Novelty and inventive step are different criteria. Novelty exists if there is any difference between the invention and the known art. The question - "is there inventive step?" - only arises if there is novelty.

 

Art. 56