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Inventive step and non-obviousness
The inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive — i.e., non-obvious — in order to be patented. In other words, "() nonobviousness principle asks whether the invention is an adequate distance beyond or above the state of the art."〔Barton, John H. (2003)〕
The expression "inventive step" is predominantly used in Europe, while the expression "non-obviousness" is predominantly used in United States patent law.〔 The expression "inventiveness" is sometimes used as well. Although the basic principle is roughly the same, the assessment of the inventive step and non-obviousness varies from one country to another. For instance, the practice of the European Patent Office (EPO) differs from the practice in the United Kingdom.
== Rationale ==
The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product design and development", in order to eventually achieve a proper balance between the incentives provided by the patent system, namely encouraging innovation, and the social cost of the patent system, namely conferring temporary monopolies.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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