Practical sheet | REF: FIC1618 V1

Understanding the inventive step criterion

Author: Laurence LOUMES

Publication date: May 10, 2021 | Lire en français

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    3. Who is the craftsman?

    The condition of inventive step involves a reference standard, the person skilled in the art; it is in his eyes that the obviousness of the invention is assessed. This is a fictional character who embodies an average level of skill. He is a normally competent man of the art, i.e. a qualified specialist in the field under consideration, but of average quality. It can also be defined as a team of several professionals from the same specialty ( TGI Paris 05/12/2014, RG n° 12/13507 ) or from different specialties ( CA Paris 12/01/2016, RG n° 13/13050 ).

    The person...

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