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9.8
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Problem-and-solution approach
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In practice, in order to assess inventive step in an objective and predictable manner, the examiner should normally apply the so-called "problem-and-solution approach".
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In the problem-and-solution approach, there are three main stages:
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(i)
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determining the "closest prior art",
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(ii)
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establishing the "objective technical problem" to be solved, and
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(iii)
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considering whether or not the claimed invention, starting from the closest prior art and the objective technical problem, would have been obvious to the skilled person.
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CHAPTER IV PATENTABILITY
9.7 (deleted)
9.9 Combining prior-art documents
