Courtesy of Bill Heinz, a link to some discussion of the "inventive step" doctrine, an aspect of the "obviousness" inquiry in the UK. The UK statute is different from the US statute, but that legal nicety aside, it is worth thinking about whether this version of the obviousness inquiry is more helpful than the U.S. inquiry, such that the Supreme Court ought to consider it an interpretive option in KSR. My sense is that the UK test again puts one back into the realm of hindsight problems. But the test does seem to get more favorable reviews than the US test.

posted by Solveig Singleton @ 1:46 PM | International, Patents, Supreme Court

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