4. How is inventive activity assessed?
The INPI and EPO assess inventive step objectively, and their approach is similar. In addition to the approach set out below, certain clues may also be taken into account on a subsidiary basis, either because they attest to inventive step or because they contradict its existence.
4.1 Problem-solution" approach
The INPI and the EPO adopt the same "problem-solution" approach, using three phases of reasoning ( Dir. OEB G VII 5 and Dir. INPI C VI 5.4 ) which consist successively in :
determine...
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