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Inventive Step - Coggle Diagram
Inventive Step
Person skilled in the art
Could-would
Same
Neighbouring
Distant if prompted
Pencil sharpener
More general
Membrane filtration
Language not relevant
German textbook counts
Common General Knowledge
Substantiated if challenged
ask proof
be ready to hand in proof
Textbooks
Some time in the future
Useful in opposition
Group of skilled persons
Emergence of one technology
Biotech
Conservative
Problem-solution approach
Is part of description
Four steps
Identify closest prior art
Similar purpose first
Least modifications
Multiple problem solutions if multiple equally close prior arts found
Highest chance
Selecting from the same class
Identify distinguishing features
Alone or in combination
Formulating objective technical problem
Aim and task
Objective
No pointers
Alternative is sufficient
Use could-would approach
Would person do this in an expectation of improvement?
Combination of known teachings can be inventive
Alternatives
A+B+C
Two approaches
Rejecting argument against inventiveness because of invalid springboard
Not rejecting
Additional
Novelty vs Invenive step
Arises if novel
Don't cite the same
Only Art. 54(2) considered
Common general knowledge
Substantated
Opposition
Prosecution
Experimentally confirming
Obviousness
Reading on your filing date
Arrve at something within the scope
Progress not needed
Problem-solution not needed
Art. 69 no relevant for inventive step
For inventivess claims are considered in the broadest sense