Intellectual Property

Inventive step response published today

The Patent Office today publishes the outcome of its Inventive Step Consultation PDF document(64Kb) and is grateful to all who responded to the consultation. There is considerable international debate concerning the level of invention required to justify the grant of a patent and a widespread view that perhaps some patents are being granted where this is little invention and that this impedes follow-through innovation. The recent Gowers Report touched upon this issue and referred to our consultation, stating that "it is important that the inventive step is set at the correct level". Examination for inventive step (also called "obviousness") has been a feature of UK patent law since the introduction of the Patents Act 1977 and the consultation sought comments on the level at which that step should be set, how we apply the law and how that application compares with other Intellectual Property Offices internationally

Sean Dennehey, Director of Patents, said:

"We wanted to go on the front foot in response to the international debate about whether the inventive step hurdle for getting a patent was too low and leading to so-called trivial patents. We are pleased that the consultation has confirmed both that there is no need for any change to the basic law as it relates to inventive step, and that our application of the law is appropriate. However, we recognise that in the face of changing technology we need to keep our practice under review to ensure we keep pace with the technological environment in which inventions are made."

Editors' notes:

  • A full public consultation PDF document(1.01Mb) was undertaken in the first half of 2006. The consultation document was published on this website and hard copy versions were sent to a wide selection of organisations, including various representative bodies.
  • There were 26 responses. These included responses from representative trade bodies and professional associations as well as individuals and firms.
  • Work on the consultation was under way in parallel with the call for evidence by the Gowers Review of Intellectual Property, but publication of this response has been delayed in order to take account of relevant Gowers Report recommendations.
  • In common with patent law in other developed countries, the UK Patents Act 1977 requires that in order to obtain a patent an invention must not be obvious in comparison with what was known before. This requirement is examined by the Patent Office but can also be the subject of a challenge to a granted patent by any person in the courts.