India:
The Concept Of Inventive Step In India
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William James once said: "Genius means little
more than the faculty of perceiving in an unhabitual
way." His observation seems particularly apposite in
the context of determining inventive step in patent
examinations. This plays a critical role in deciding
the fate of a patent application. The various tests for
assessing obviousness take into account the nature of the
invention, the current state of the art and whether the invention
would be obvious to a person skilled in the art. Section 2(1)(ja)
of the Patents Act sets out the criteria for patentability and
defines 'inventive step' as "a feature of an invention
that involves technical advance as compared to the existing
knowledge or having economic significance or both and that makes
the invention not obvious to a person skilled in the art".
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