Guidelines for Examination
PART C
CHAPTER IV PATENTABILITY
9. Inventive step
9.10 Indicators
9.10.3 Unexpected technical effect; bonus effect
 

HOME

E  /  D   /  F

 

 
 
PART C
CHAPTER IV PATENTABILITYCHAPTER IV PATENTABILITY
9. Inventive step9. Inventive step
9.10 Indicators9.10 Indicators
  9.10.2 Ex post facto analysis; surprising technical advantage9.10.2 Ex post facto analysis; surprising technical advantage     9.10.4 Long-felt need; commercial success9.10.4 Long-felt need; commercial success  
 

9.10.3

Unexpected technical effect; bonus effect

 

An unexpected technical effect may be regarded as an indication of inventive step. However, if, having regard to the state of the art, it would already have been obvious for a skilled person to arrive at something falling within the terms of a claim, for example due to a lack of alternatives thereby creating a "one-way street" situation, the unexpected effect is merely a bonus effect which does not confer inventiveness on the claimed subject-matter (see T 231/97, not published in OJ and T 192/82, OJ 9/1984, 415).