Manual of Patent Practice – Section 3: Inventive step – Guidance

Summary:

The inventive step, the second test for patentability, is evaluated by considering whether an invention would have been obvious to a person skilled in the art, having regard to any matter which forms part of the state of the art. The Windsurfing/Pozzoli approach, a four-step process, assesses obviousness by identifying the claimed inventive concept, assuming the mantle of the skilled but unimaginative addressee, identifying differences between cited matter and the alleged invention, and deciding whether these differences constitute obvious steps or require invention. The synergy between features is determined by their interrelated functions leading to an additional effect beyond individual effects. The "person skilled in the art"" is a competent worker with capabilities based on common general knowledge.