Inventive step; nonobviousness

Toshiko Takenaka

Chapter 6 in The Law and Theory of Patents, 2026, pp 118-143 from Edward Elgar Publishing

Abstract: The inventive step—or nonobviousness—requirement serves as the principal filter distinguishing patent‑worthy inventions from routine technical progress. This chapter examines the policy foundations and doctrinal tests for inventive step under the U.S. Patent Act, the European Patent Convention (EPC), and the Japanese Patent Act, all of which implement TRIPS Article 27's requirement that inventions not be obvious to a person skilled in the art. It compares the U.S. Graham framework, as refined by KSR v. Teleflex, with the EPO's problem–solution approach and Japan's hybrid methodology, emphasizing how each system seeks to prevent hindsight while preserving analytical predictability.

Keywords: Inventive step (nonobviousness); Graham approach; Problem solution approach; Person skilled in the art of the invention (PHOSITA); Computer-implemented inventions; Chemical and biotechnology inventions (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035310425
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