(EPO's) ‘problem-solution’ approach to patent
inventiveness?
The “problem-solution” approach is the approach, normally used by
the EPO to assess the inventive step, based on an image of the
invention as a solution to a problem.:
An advantage of this approach is that it provides a degree of
certainty to the assessment of inventive step, with objectivity,
economy and transparency and this approach may be applied in
nearly all situations.
It is however clear that this approach is not the only one that should
be considered. The case may be inappropriate where there is no
close prior art from which to formulate the problem, i.e. when the
invention breaks new ground. Indeed, in Alcan/Aluminium Alloys,
the TBA 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 under Art.56EPC.
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