首页|Inventive Step's Origin Story: Taking an Inventive Step ... Step by Step Part I
Inventive Step's Origin Story: Taking an Inventive Step ... Step by Step Part I
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Inventive step is a doctrine of patent law that asks whether the inventive contribution of the inventor involved a step that was not obvious. In determining the non-obvious inventive step, the contours of the invention as a unit of knowledge are identified. The test is objective-the inventiveness or non-obviousness of the step is assessed through the eyes of the hypothetical person of ordinary skill in the art. In a two-part article series, the author tells the origin story of inventive step. This Part I sets out the socio-economic and legal context in which the inventive step doctrine was developed. It shows how the inventive step doctrine emerged in response to the socio-economic changes of the Industrial Revolution, prompting a shift from persons seeking patents for new arts (whole workshops) to persons seeking patents for inventions of improvements, additions or combinations to be used as inputs in the capitalistic production process or to differentiate their goods from marketplace competitors. Part II will trace the doctrine's conception through the course of the long 19th century in the case law.
PATENTHISTORYENGLANDLAW
Hopper, Benjamin
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The University of Melbourne Melbourne Law School||The University of Melbourne Melbourne Law School
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