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Vol 23 No 5 May/June 2018

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The Inventive Step: Its Evolution in Canada, the United Kingdom and the United States

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John BochnovicMember of the Bar of Ontario, Canada

ISBN13: 9783527256990
ISBN: 3527256997
Published: November 1982
Publisher: John Wiley & Sons Ltd
Country of Publication: Germany
Format: Paperback
Price: Out of print

An examination of what continues to be a vexing issue in patent law, the requirement that a patentable invention have an inventive step. The purpose of the study is to highlight the need for, and desirability of, a rigorous, consistent approach to the requirement.;The author analyzes the development of the inventive step requirement, outlines a suggested approach to the requirement, and blends a discussion of the substantive legal issues - based primarily on existing Canadian jurisprudence and statutory provisions - with some of the author's proposals. The study covers developments up to January 1982.

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Part I: Terminology and Statutory Basis; Introduction; Glossary of Terminology; History of the Relevant Statutory Provisions
Part II: The Evolution of the Inventive Step Requirement; United Kingdom; United States; Canada
Part III: Analysis and Proposals; Analysis of the Development of the Inventive Step Requirement; The Application of the United States Developments to Canadian Law; A Proposed Approach to the Inventive Step Requirement
Part IV: Discussion of Proposals and Existing Law; The Claimed Invention; The Prior Art; The Difference; The Background of the Field of Art; The Evaluation of the Difference_Inventive Step; Secondary Considerations; Special Cases; Conclusion; Bibliography; Table of Cases; Index.