Overview

When is an invention not an invention and so liable to revocation? When it is obvious, says section three of the Patents Act 1977. But what is ‘obvious’?

This apparently simple question is a fundamental issue of patent law and one that has kept patent practitioners and the courts more entertained than perhaps any other single issue. Many sub-tests have evolved and faded away over the years to try to grasp it. One such sub-test is to ask whether the invention was ‘obvious to try’. But this itself has different formulations; some make it easier to show obviousness (and therefore a lack of invention) and others harder.

To read more click 'View Briefing'