An inventive step for the patent system?

    Research output: Contribution to journalArticlepeer-review

    Abstract

    The inventive step is the critical variable in determining balance between patent costs and patent benefits. Set at the right level it ensures that the knowledge spillovers from new inventions offset the costs of restraining competition. But asking the question is it obvious? sets a far lower standard for patent grant than asking is it inventive? The author argues that for benefits to offset costs the minimum standard of inventiveness must be a contribution to new knowledge. Without such new knowledge there can be no benefits to justify the cost of the restraint on competition.
    Original languageEnglish
    Pages (from-to)125-128
    JournalEuropean Intellectual Property Review (E.I.P.R)
    Volume35
    Issue number3
    Publication statusPublished - 2013

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