A Comparative Study of Inventive Step Substantive Requirement in Patent Law

Inventive step means that invention, with regard to the prior art, is not obvious for the person having ordinary skill in the art. In most laws and rules this condition is expressly mentioned as distinct from other substantive conditions of inventions such as novelty. This indicates the importance of the condition in the patent system of various jurisdictions. This condition is not, however, recognized properly in Iran’s law on Patent, Industrial Design and Trade Mark of 2007, which ambiguously refers to the condition in a manner implying its being identical with novelty requirement. In this article, we make an attempt to identify Iranian law’s position on the inventive step requirement while clarifying its meaning and comparing to other similar concepts and offering suggestions in this regard.