regarding inventive step
Posted: Wed Mar 03, 2021 9:08 am
could someone explain what inventive step comprehensively stands for according to epo's examination approach?
we have forwarded our document for search and international search at same office(turkish patent office)
the searcher says that the invention was novel and industrial applicable ,however in his opinion letter,he also explains that it lacks an inventive step and consequently it seems my first invention has not passed inventive step (not sure).
but this is the letter appearing in ISR. it is not the exact examination form. Today,we have got in touch with searcher over the phone and he said:
the inventive step is being defined according whether the invention was solving the problem or not.
(But we were informed that any invention had not had to provide a "solution" to any problem ,it was explained that providing a novel invention would be sufficient.)
so,my questions:
1) what does "inventive step" stand for according to epo's assessment ?
(Does the document have to provide a solution to any problem? or is providing a novelty sufficient?)
2)can we still change ISA ?
3) assume please we still would like to enter into national phase for another country,then what happens if we assume that that country's examination is in affirmative form? and could you also inform please whether we would be able to use that (second) office's search report as ISR?
Kind Regards
we have forwarded our document for search and international search at same office(turkish patent office)
the searcher says that the invention was novel and industrial applicable ,however in his opinion letter,he also explains that it lacks an inventive step and consequently it seems my first invention has not passed inventive step (not sure).
but this is the letter appearing in ISR. it is not the exact examination form. Today,we have got in touch with searcher over the phone and he said:
the inventive step is being defined according whether the invention was solving the problem or not.
(But we were informed that any invention had not had to provide a "solution" to any problem ,it was explained that providing a novel invention would be sufficient.)
so,my questions:
1) what does "inventive step" stand for according to epo's assessment ?
(Does the document have to provide a solution to any problem? or is providing a novelty sufficient?)
2)can we still change ISA ?
3) assume please we still would like to enter into national phase for another country,then what happens if we assume that that country's examination is in affirmative form? and could you also inform please whether we would be able to use that (second) office's search report as ISR?
Kind Regards