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An inventive step for the patent system?

Moir, Hazel V J


The inventive step is the critical variable in determining balance between patent costs and patent benefits. Set at the right level it ensures that the knowledge spillovers from new inventions offset the costs of restraining competition. But asking the question "is it obvious?" sets a far lower standard for patent grant than asking "is it inventive?" The author argues that for benefits to offset costs the minimum standard of inventiveness must be a contribution to new knowledge. Without such...[Show more]

CollectionsANU Research Publications
Date published: 2013-02
Type: Journal article
Source: European Intellectual Property Review (E.I.P.R)


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