A Comparative Study of the Assessment of Inventive Step in Inventions

Assessment of inventive step is one of the difficult and challengeable steps of registering a subject in the patent offices. For the establishment of this condition, different tests are used. In America, Europe and Japan patent offices, it is dividable into main and secondary criteria. Studies indicate that assessments in America compared with Europe, and especially Japan, are of lower level, because in Europe and Japan, assessment of inventive step is done in subtle form. In Iran, unlike the abave patent offices, assessment is not performed intensively in patent office and by experts; rather, it is performed via inquiry from the experts of collegiate institutes and science and technology parks. However, due to lack of skilled experted fully aware of the literature of patent, assessment of inventive step is not performed in subtle form, indicating the alloy of oneness of novelty and inventive step. The present paper tries to recognized the assessments tests of inventive step requirement, and then study Iran’s situation in this respect.