Explanation of Tools of Establishment of Inventive Step Requirement in Inventions (Prior art, Person Having Ordinary Skill in the Art)

Assessment and establishment of inventive step requirement has a great importance. This issue accomplish with the patent offices and courts. In the major of patent systems for the assessment of this requirement has been rule that invention has inventive step if with regard to the prior art do not obvious for the person having ordinary skill in the art. With this explanation, prior art and the person having ordinary skill in the art are two very important tools that used for the assessment of the inventive step of invention. Usually the prior art predicated to the all of information that is available for the public in date of application or priority date. Person having ordinary skill in the art is hypothetical thing that attributed to him special characters and capabilities. In the present article we try with comparative view and respect to the Iran’s law at first express the concepts of invention and patent then specify the content of the prior art and finally study and analyse the attributed characters and capabilities of person having ordinary skill in the art and offer appropriate proposals in generally and Iranian law.