Hoefer Academy - The Inventive Step | Establishing Inventive Step on an Independent Claim

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  • Опубліковано 21 кві 2021
  • Hoefer Academy - Novelty (Part 1): • Hoefer Academy - Novel... ###
    www.Hoefer-Academy.com ###
    Attention Invention - The Filebutler: • Most Ergonomic Copy Ho... ##
    Beginner's Guide: Let's draft an independent patent claim together! We delimit the scope of our patent claim in order to establish an inventive step against the copy holders of the prior art.
    A strong patent claim does not take much. Drafting same, however, takes some experience. Never fear, we all began with a first independent claim.
    Which features are essential to an independent claim?
    What is Inventiveness / Inventive Step / Non-Obviousness?
    How is Inventive step assessed?
    How to establish Inventive Step?
    These and other questions are answered in this comprehensive video by way of example of an easy to understand invention. In case you have not seen the first part ("Novelty") yet, it is recommended to visit www.Hoefer-Academy.com or to watch the corresponding video on youtube.
    In this video we discuss and practice the steps of the Problem Solution Approach (PSA) in order to establish an inventive step of our independent claim.
    I. At a first stage, the closest prior art is determined. This is the subject matter constituting the best springboard for the skilled person in order to arrive at the invention.
    II. The second stage comprises three steps:
    1. In the first of those steps, the features of our claim, which do not exist among the closest prior art (also called "the distinguishing feature(s)" of the claimed invention) are identified.
    2. In the second step, the technical effect on the claimed subject matter resulting from the distinguishing features is identified.
    3. In the third step one formulates the technical problem. The technical problem means the aim and task of modifying or adapting the closest prior art to provide the technical effects that the invention provides over the closest prior art.
    III. Finally, in the third stage the question to be answered is whether the prior art would (not simply could, but would) have prompted the skilled person faced with the objective technical problem to modify or adapt the closest prior art, thereby arriving at something covered by the claim.
    Generally, the basics of the European patent practice correspond to the German Patent Practice. However, please keep in mind that most Videos of the Hoefer Academy explain the European Appproach (European Patent Convention, EPC) unless indicated to the contrary.
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