PATHOLOGY OF INVENTIVE STEP REQUIREMENT IN PATENTS SYSTEM

The inventive step requirement which purportly secure the growth of innovation and resulting industrial and economic development، despite of containing some benefits، always faced with the challenges that in some cases، such challenges are in opposition with the bases of patents system and indicates that، patents system do not beneficial always. Analysis of said challenges studied upon the economical bases and assessments toolsexaminers and PHOSITA، mainly. Also، Iran’s patents system is criticizable، legislatively and executively and needs to amendment. in the present article first we are going to study economical pathology and pertain to assessment of inventive step requirement، then suggest the suitable criteria that is similar to copyright system، and illustrate necessary proposals.