step" using the "problem and solution" approach?
The “problem-solution” approach is used by the EPO to assess the
inventive step, which consists in three steps:
-determining which document is the closest prior art,
-establishing the technical problem to be solved, and
-considering whether, starting from the closest prior art, the
claimed invention would have been obvious to the man skilled in
the art.
In Alcan/Aluminium Alloys the Technical Board of Appeal pointed
out that Rule 27(1) on which this approach is based, is concerned
solely with the formulation of the description, rather than the
assessment of the inventive step, and that this approach the
problem and solution approach should be considered as one
amongst other possible approaches, each of which has its own
advantages and drawbacks.
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Always check with your IP consultant.
