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LEE & LI Bulletin - September 2015

Bulletin

Refining the Determination of Inventive Step Requirement

A key factor in determining the validity of the patent is inventive step/non-obviousness. "An invention that... can be easily made by a person having ordinarily skilled in the art based on prior art shall not be patented" (Paragraph 2, Article 22, Patent Act). In practice, however, "hindsight" issue often occurs in court practice in many jurisdictions around the worl when determining whether a patent is sufficiently inventive. ... More

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