Landers, Amy L. --- "A comparative approach to the inventive step" [2019] ELECD 397; in Takenaka, Toshiko (ed), "Research Handbook on Patent Law and Theory" (Edward Elgar Publishing, 2019) 454

Book Title: Research Handbook on Patent Law and Theory

Editor(s): Takenaka, Toshiko

Publisher: Edward Elgar Publishing

ISBN: 9781785364112

Section: Chapter 18

Section Title: A comparative approach to the inventive step

Author(s): Landers, Amy L.

Number of pages: 23

Abstract/Description:

International intellectual property law has begun to transition from a system that favors worldwide harmonization to one that must accommodate nations that prioritize local optimization. Each government is in the process of balancing their own national priorities, including poverty, healthcare, and efforts to grow their economy. Further, patent rights affect consumers, who must pay for the increased costs of patented products. To optimize their domestic patent systems, nations can rely on the policy levers embedded within their domestic patent systems. One primary method of doing so is the inventive step requirement. This chapter examines the various ways that governments arrive at different results using this same patentability requirement.