Practice question
A claimed technical improvement is new and industrially applicable but is stipulated to be obvious to a person skilled in the art at the relevant filing or priority date. Does it meet the patent inventive-step requirement?
- No; novelty and industrial applicability do not replace the missing inventive step.
- Yes; novelty alone always suffices for an invention patent.
- Yes; any improvement is necessarily nonobvious.
- Yes; the applicant's advertising establishes inventive step.
- No; because all improvements are excluded.
Legal references
- Intellectual Property Code, RA 8293, sections 21–27, https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
- RA 9502, sections 5–6 amending IP Code sections 22.1 and 26, https://lawphil.net/statutes/repacts/ra2008/ra_9502_2008.html
Answer this question in flashcards to review your response and continue practicing.