Inventive Step

The inventive step is one of the essential criteria for the patentability of an invention. According to Article L. 611-14 of the French Intellectual Property Code (Code de la propriété intellectuelle, CPI), an invention is considered to involve an inventive step if, for a person skilled in the relevant field (referred to as the “person skilled in the art”), it does not obviously follow from the existing state of the art.

Legal Basis

The legal provisions related to the inventive step are primarily set out in the French Intellectual Property Code:

• Article L. 611-10: This article states that patentable inventions must be new, involve an inventive step, and be capable of industrial application.

• Article L. 611-14: It specifies that an invention involves an inventive step if, for a person skilled in the art, it does not obviously result from the state of the art.

Assessment of the Inventive Step

The assessment of the inventive step consists of determining whether the invention would have been obvious to a professional in the field at the time of filing. This analysis is based on the state of the art, which includes all publicly available knowledge before the filing date. A commonly used method for evaluating the inventive step is the problem-solution approach, which consists of the following steps:

1. Identify the closest prior art: Determine the most relevant existing knowledge in relation to the invention.

2. Define the objective technical problem: Formulate the problem that the invention seeks to solve based on the identified prior art.

3. Assess the obviousness of the solution: Analyze whether, based on the state of the art and the defined problem, the solution provided by the invention would have been obvious to the person skilled in the art.

This approach is detailed in the guidelines of the French National Institute of Industrial Property (INPI) and is used to ensure an objective evaluation of the inventive step.

Importance of the Inventive Step

The inventive step is crucial in distinguishing patentable inventions from mere discoveries or obvious improvements. It ensures that only developments that make a significant and non-obvious contribution to the state of the art benefit from patent protection. This requirement aims to encourage innovation by rewarding substantial creative and technical efforts.