Patents - Inventive
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Released 31 January 2008
For a patent to be registrable it must involve an inventive step.
An invention is considered to involve an inventive step if it is not obvious
to a person 'skilled in the art'.
So there are two aspects to consider here firstly whether or not an invention
is obvious and secondly who is a person 'skilled in the art'?
This is regarded as one of the most difficult questions in patent law. The
question of obviousness must be considered at the same time as that of a person
'skilled in the art', there has been much debate about this point but recent
case law from across the pond has suggested that an invention will not be
obvious if it woud have been developed 'in the ordinary course' of events within
the relevant industry.
Skilled in the Art
Section 3 of the 1977 Act makes it clear that obviousness should be
considered from the point of view of the average person skilled in the art. The
question then is who is 'skilled in the art'?. The Courts have considered this
point in a logical sense as someone with the attributes, skills, background
knowledge and qualifications relevant to the field in which they work (Technograph
Printed Circuits v Mills & Rockley (Electronics) .
As you can see Patents are a complicated area of the law and care should be
taken in any applications to avoid undue costs.
Ben Evans is an Intellectual
Property Executive at Lawdit.
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2008-02-17 17:20:28 in Legal Articles